OSBORNE v. SWOPE

No. 14697.

226 F.2d 908 (1955)

Kethel OSBORNE, Appellant, v. E. B. SWOPE, Warden, United States Penitentiary, Alcatraz, California, Appellee.

United States Court of Appeals Ninth Circuit.

October 27, 1955.


Attorney(s) appearing for the Case

Kethel Osborne, in pro. per.

Lloyd H. Burke, U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and HEALY and BONE, Circuit Judges


DENMAN, Chief Judge.

Osborne, a negro, convicted by a court martial of crimes while a member of the United States Army, and presently a prisoner at the federal penitentiary at Alcatraz, California, appeals from the denial of his application for a writ of habeas corpus by the United States District Court.

The application alleges he had exhausted his administrative remedies in the military practice and therefore he is entitled to have considered his contention...

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