NOE v. GERLAND

Civ. No. HM75-605.

400 F.Supp. 691 (1975)

Paul Howe NOE v. John GERLAND et al.

United States District Court, D. Maryland.

September 25, 1975.


Attorney(s) appearing for the Case

Charles G. Bernstein, Federal Public Defender, and Michael S. Frisch, Asst. Federal Public Defender, Baltimore, Md., for petitioner.

Jervis S. Finney, U. S. Atty., for the District of Maryland, and William McC. Schildt, Asst. U. S. Atty., Baltimore, Md., for respondents.


HERBERT F. MURRAY, District Judge.

The immediate question before this Court is whether it has jurisdiction over the petition for habeas corpus brought by petitioner, Paul Howe Noe. The Court holds that it lacks jurisdiction and orders the case transferred to the United States District Court for the Northern District of Texas pursuant to 28 U.S.C. § 1406(a).

STATEMENT OF THE CASE

In April, 1973 petitioner pleaded nolo contendere to one count...

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