James Roseborough, Jr. v. The People of the State of California

HAMLEY, Circuit Judge.

James Roseborough, Jr., in custody pursuant to a judgment of a court of the State of California, appeals from an order denying his application for a writ of habeas corpus.

An application for a writ of habeas corpus is the assertion of a right against the person having the applicant in custody. Roseborough is in the custody of E. J. Oberhauser, Superintendent of the California Institution for Men, Chino, California. This official, however, was not named or served as a party in this proceeding, the sole respondent being The People of the State of California.

It follows that,…