Hibdon v. Warden

Sixth Circuit Court of Appeals

Decided June 7, 1957.

Sixth Circuit Court of Appeals · decided 1957-06-07

Cited by 3 later decisions — most recently September 1971

3 federal appellate ·

2 counsel of record

Relies on United States v. Hayman · Ahrens v. Clark

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1957-06-07

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¶1No appearance for appellant.

¶2Fred Elledge, Jr., and Andrew M. Gant, James R. Tuck, Nashville, Tenn., for appellee.

¶3Before ALLEN, McALLISTER and STEWART, Circuit Judges.

¶4PER CURIAM.

¶5This is an appeal from an order of the district court for the Middle District of Tennessee denying the appellant’s petition for a writ of habeas corpus. As clearly appears upon the face of the petition filed in the district court, the appellant is confined in the United States Penitentiary at Atlanta, Georgia. Since the appellant is not detained within the territorial jurisdiction of the district court for the Middle District of Tennessee, the court correctly determined that it was without jurisdiction to entertain the petition. Ahrens v. Clark, 1948, 335 U.S. 188, 68 S.Ct. 1443, 92 L.Ed. 1898; United States v. Hayman, 1952, 342 U.S. 205, 213, 72 S.Ct. 263, 96 L.Ed. 232.

¶6The judgment of the district court is accordingly affirmed.