Boyden v. Smith

Petitioner seeks an order in his appeal here under 28 U.S.C.A. § 2255 to require the transcription of the testimony taken in the course of the hearing on which he was convicted. The ground of his motion below is that he was illegally apprehended in Tia Juana, Mexico, by one Gay-ton, who was and is an officer of the City of San Diego, California. Since this is the act of a state officer and not a federal officer, his action affords no ground for relief in a federal court.

The motion also alleges that he was wrongfully treated in a separate habeas corpus proceeding, a matter not the subject of…