MILLER v. HAMBRICK

No. 89-55124.

905 F.2d 259 (1990)

David John MILLER, Petitioner-Appellant, v. Margaret HAMBRICK, Warden of the Metropolitan Detention Center; and William McCoy, U.S. Marshall, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 25, 1990.


Attorney(s) appearing for the Case

David John Miller, Baron, Cal., pro se.

No appearance by respondents-appellees.

Before BROWNING, NOONAN and FERNANDEZ, Circuit Judges.


NOONAN, Circuit Judge:

David J. Miller appeals the dismissal of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241. This unusual case requires a decision on two points of law up to now not addressed by this circuit: (1) whether a prisoner, transferred into one district in order to testify in a pending case, is in the custody of the warden of that district or remains, for habeas corpus purposes, within the custody of the warden in the...

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