BURNETT v. GLADDEN

Civ. No. 63-464.

228 F.Supp. 527 (1964)

Robert L. BURNETT, Petitioner, v. Clarence T. GLADDEN, Warden of Oregon State Penitentiary, Respondent.

United States District Court D. Oregon.

March 26, 1964.


Attorney(s) appearing for the Case

Jerard S. Weigler, Krause, Lindsay & Nahstoll, Portland, Or., for petitioner.

C. L. Marsters, Asst. Atty. Gen., Salem, Or., for respondent.


KILKENNY, District Judge.

Respondent asks that petitioner's petition for a writ of habeas corpus be dismissed on the ground that petitioner was not in custody at the time the Court's order required respondent to show cause why the writ should not issue.

The show cause order was dated October 9, 1963, and was served on respondent on October 14th. It required respondent to show cause within twenty days from the date of the service of the order. Petitioner received...

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