DIXON
v.
THOMPSON, WARDEN, ET AL.
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Dixon sought relief directly from the Supreme Court through a habeas corpus petition after a district court denied his petition, without first appealing that denial. The Supreme Court denied Dixon's motion, holding that it does not ordinarily exercise jurisdiction to issue habeas corpus writs when adequate remedies remain available in lower federal courts, and finding no exceptional circumstances that would warrant the Court's discretionary intervention in this case.
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Dixon has filed a motion, addressed to Mr. Justice Stewart as Circuit Justice, and by him referred to the Court, for leave to file a petition for a writ of habeas corpus under 28 U. S. C. §§ 2241 (b) and 1651 (a), and this Court’s Rules 31 and 50. On January 27, 1977, the District Court for the Middle District of Tennessee denied Dixon’s habeas corpus petition. Dixon has not appealed from that denial, but the record feveals that the time for appeal has not expired.
This Court does not, absent exceptional circumstances, exercise its jurisdiction to issue writs of habeas corpus when aii adequate remedy may be had in a lower federal court. Ex parte Abernathy, 320 U. S. 219 (1943); Ex parte Tracy, 249 U. S. 551 (1919), Since an appeal from the judgment of the District Court may still be had and since there appear to be no exceptional circumstances justifying exercise of this Court’s discretionary jurisdiction, the motion is denied. Denial of the motion is not an adjudication on the merits, and is made without prejudice to alternative or subsequent applications for relief. Ex parte Abernathy, supra; Ex parte Tracy, supra.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ex parte Abernathy, 320 U.S. 219 (U.S. 1943)
- Ex parte Tracy, 249 U.S. 551 (U.S. 1919)