Hirsch v. Smitley

DECISION AND ORDER

RANDA, District Judge.

This matter comes before the Court on Arden Hirsch’s (“Hirsch”) petition for a writ of habeas corpus under 28 U.S.C. § 2254. A federal district court may deny a writ of habeas corpus outright, without a return from the respondent, when “it appears from the application that the applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243. That is the case here.

I

Hirsch was arrested on January 20,1998 on a charge of second degree murder in connection with the 1970 death of his then — baby daughter, Laurie Hirsch. Hirsch was subsequently released…