Thompson v. King

VAN VALKENBURGH, Circuit Judge.

This is an appeal from an order of the district court dismissing a petition for writ of habeas corpus. This action was taken by the court after making a preliminary examination to determine whether the petition for the writ disclosed on its face ground for issuance. Being of opinion that no such ground was shown, production *308of the petitioner for hearing was deemed unnecessary, and the petition was dismissed upon motion by the United States Attorney. Such action upon proper showing does not violate the statute governing writs of habeas corpus, and is common…