Lawrence E. Wallace v. Robert A. Heinze, Warden, California State Prison, Represa, California

This is an appeal by Lawrence E. Wallace, a prisoner incarcerated in the Cali-forma State Penitentiary at Represa, from the judgment of the United States District Court dismissing his application for a writ of habeas corpus to effect his discharge from custody.

Appellant was not entitled to the writ as if by default, because the respondent state did not file its return to the order to show cause within the time specified by the statute. 1 Here, it appears that the District Court granted respondent additional time to do so, and we think the court possessed this inherent power. Granted that…