Ellis v. DeLand

Plaintiff Philemon B. Ellis appeals from the denial of a writ of habeas corpus by the Third Judicial District Court brought by him to challenge the refusal of the state of Arizona to return him to prison facilities there. We are constrained to dismiss the appeal for lack of jurisdiction.

Ellis was confined in the Arizona State Prison, where he was serving a ten-year sentence, when his mother became gravely ill in Utah. He requested a “compassionate” transfer to the Utah State Prison so that he could be close to her. The request was granted and conditioned upon Ellis’s payment for…