United States Ex Rel. Patrick J. O'Neill v. John C. Burke, Warden, Wisconsin State Prison

CUMMINGS, Circuit Judge.

Petitioner has appealed from an order denying his petition for habeas corpus. The District Court required the respondent to file an answer to the petition. Because the petitioner had supposedly exhausted his state remedies and apparently believing the state proceedings to be inadequate, the District Court ordered an evidentiary hearing in accordance with Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770.

At the evidentiary hearing, the testimony disclosed that petitioner is an inmate of the Wisconsin State Prison in Waupun, Wisconsin, serving sentences imposed…