United States ex rel. Hill v. Johnston

MANSFIELD, District Judge.

Petitioner, a state prisoner committed as mentally incompetent by state court order to the Matteawan State Hospital, seeks release on habeas corpus1 so that he may be transferred either to a state hospital for those civilly committed or to a federal prison. He makes serious charges attacking the legality of his incarceration. Respondent has not answered on the merits since he claims that petitioner has not exhausted his state remedies. Because we agree with the state, petitioner’s motions are denied without prejudice to their renewal if the state courts should refuse…