WEATHERS v. HENDERSON

No. 72-3780 Summary Calendar.

480 F.2d 559 (1973)

James Herbert WEATHERS, Petitioner-Appellant, v. J. D. HENDERSON, Warden, U.S. Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 31, 1973.


Attorney(s) appearing for the Case

James Herbert Weathers, pro se.

John W. Stokes, Jr., U. S. Atty., Anthony Arnold, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.


PER CURIAM:

In his petition for writ of habeas corpus, petitioner seeks to have removed a detainer lodged against him by the State of Pennsylvania in connection with a State sentence. He contends that the State relinquished jurisdiction over him when it released him to federal custody.

Although it appears that petitioner could more properly attack the Pennsylvania detainer in that State and, therefore, the District Court perhaps should not have considered...

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