STORY
v.
HUNTER

10th Cir. | 1952-01-09
No. 4373
193 F.2d 874 United States Court of Appeals for the Tenth Circuit (1952)


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from an order discharging a writ of habeas corpus.

All of the issues presented have been adjudged adversely to the petitioner on prior applications for writs of habeas corpus. See Wallace v. Hunter, 10 Cir., 149 F. 2d 59; Story v. Hunter, 10 Cir., 158 F. 2d 825; and Story v. Hunter, No. 1571, D.C.Kan., order entered March 21, 1951.

Under 28 U.S.C.A. § 2244, the trial court was not required to entertain the application.

Moreover, it appeared that the petitioner had applied for and had been denied relief under 28 U.S.C.A. § 2255, and the application contained no allegations making it appear that the remedy by motion under § 2255 was inadequate or ineffective to test the legality of his detention.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw