Banghart v. Swope

Ninth Circuit Court of Appeals

Dec. 23, 1954.

Ninth Circuit Court of Appeals · decided 1954-12-23

Cited by 1 later decisions — most recently December 1954

1 federal appellate ·

2 counsel of record

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Opinion by Per Curiam · Decided 1954-12-23

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Basil H. Banghart, Alcatraz, Cal., in pro. per.

No appearance for respondent.

Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.

PER CURIAM.

¶1

Banghart's application for a writ of habeas corpus was denied by the United States District Court for the Northern District of California, Southern Division, on September 23, 1954. He filed notice of appeal with the district court and now seeks to docket his appeal here and proceed without costs.

¶2

He would have been released from Alcatraz, he alleges, on June 7, 1954, if he had been given credit for good time earned. However, after a hearing the Good Time Board forfeited his good time. His contention is that the Board acted arbitrarily. Banghart is no longer in custody of Swope. Since the question is moot his petition is ordered dismissed.