Anthon Jay Rodgers v. John E. Bennett, Warden, Iowa State Penitentiary

RIDGE, Circuit Judge.

Appellant, an inmate of the Iowa State Penitentiary, appeals from an order of the District Court dismissing, without a hearing, his petition for writ of habeas corpus allowed to be filed in forma paup-> eris.

■ In 1956, petitioner was convicted on his plea of guilty entered in the District Court for Kossuth County, Iowa, for the crime-of robbery, with aggravation, and sentenced to serve not more than twenty-five (25) years as provided by Section 711.2, Code of Iowa, I.C.A. No appeal was taken from that judgment and sentence. However, in 1960, appellant filed a petition for…