Charles H. Weaver v. T. Wade Markley, Warden, United States Penitentiary, Terre Haute, Indiana

SCHNACKENBERG, Circuit Judge.

Charles Weaver, petitioner, has appealed from an order of the district court dismissing his petition for a writ of habeas corpus, under which he sought release from imprisonment in the United States Penitentiary at Terre Haute, Indiana.

A' warrant was issued on May 1, 1963 charging petitioner with violation of parole. He was arrested and on July 10, 1963 was committed to the penitentiary. 18 U.S.C.A. § 4207 applies 1

In his briefs in this court, he asserts that October 10, 1963 should be considered as the date of the filing of his petition for a writ of habeas…