Rupp v. Teets, Warden

Rupp has appealed from an order of the United States District Court for the Northern District of California, 117 F. Supp. 376, denying him a writ of habeas corpus. The Warden moves to dismiss the appeal as frivolous, contending that the application shows on its face that Rupp has not exhausted his state remedies by petitioning a California state court for the issuance of the writ.

Rupp, in San Quentin, as well could have petitioned the Supreme Court of California, which was then in session in San Francisco, for his writ of habeas corpus as applying to the district court in that city. The state…