United States ex rel. Berry v. Warden

MISHLER, District Judge.

The petitioner filed a petition for a writ of habeas corpus, for permission to proceed in forma pauperis and for assignment of counsel.

Permission was granted petitioner to proceed in forma pauperis. A writ was issued to the Warden, Queens House of Detention, directing the production of the prisoner. The Court assigned counsel.

Upon ascertaining that no issue of fact was before the Court, the presence of the prisoner at the adjourned hearing date was dispensed with. Minnec v. Hudspeth, 1941, 10 Cir., 123 F.2d 444, 445, cert. denied, 315 U.S. 809, 62 S.Ct. 797, 86 L.Ed.…