Neibauer v. Harris

Ninth Circuit Court of Appeals

Decided May 14, 1952.

Rehearing Denied June 16, 1952.

Ninth Circuit Court of Appeals · decided 1952-05-14

Cited by 1 later decisions — most recently May 1952

1 federal appellate ·

2 counsel of record

Relies on United States ex rel. Potts v. Rabb

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1952-05-14

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¶1Jerry J. O’Connell, Great Falls, Mont., for appellant.

¶2Dalton Pierson, U. S. Atty., R. Lewis Brown, Jr., Asst. U. S. Atty., Butte, Mont., for appellee.

¶3Before MATHEWS, HEALY and BONE, Circuit Judges.

¶4PER CURIAM.

¶5This appeal is from an order of the District Court discharging a writ of habeas corpus obtained by appellant and dismissing his petition therefor. The petition was filed and the writ was issued and served on appellee on June 15, 1951. The petition alleged, in substance, that appellant was, on June 15, 1951, wrongfully held in appellee’s custody. Actually, if appellant was ever in appellee’s custody, he was released on June 15, 1951, before the writ was served. He is not now in custody and has not been in custody since June 15, 1951. Hence the appeal is moot. United States ex rel. Potts v. Rabb, 3 Cir., 141 F.2d 45. Being moot, the appeal is dismissed.