MUGAVERO v. SWOPE

No. 29017-E.

86 F.Supp. 45 (1949)

MUGAVERO v. SWOPE.

United States District Court N. D. California, S. D.

September 23, 1949.


Attorney(s) appearing for the Case

John Mugavero, in pro. per.

Frank J. Hennessy, United States Attorney, Joseph Karesh Assistant United States Attorney, San Francisco, Cal., for respondent.


ERSKINE, District Judge.

This is a petition for a writ of habeas corpus. An order to show cause was issued, whereupon respondent replied with a motion to dismiss the petition on the following grounds:

1. That petitioner has not filed a motion in the trial court to vacate the sentence imposed as per 28 U.S.C.A. § 2255:

2. That the petition fails to state a cause of action upon which relief can be granted.

(1) Necessity for Motion to Trial...

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