GEORGE PATSKAN, APPELLANT,
v.
RAYMOND J. BUCHKOE, WARDEN STATE HOUSE OF CORRECTION AND BRANCH PRISON, APPELLEE
GEORGE PATSKAN, APPELLANT,
RAYMOND J. BUCHKOE, WARDEN STATE HOUSE OF CORRECTION AND BRANCH PRISON, APPELLEE
296 F.2d 724
United States Court of Appeals for the Sixth Circuit (1961)
Positive Treatment
Cited by 2 cases
Opinion of the Court
This appeal is from an order denying a writ of habeas corpus to a state prisoner, and was duly heard upon the briefs of appellant and the brief of the Attorney General of Michigan.
It appears from the record and by admission of appellant’s counsel that appellant is not presently unlawfully restrained. Even if the appellant’s contentions were correct, his release is dependent upon the discretion of the state parole authorities.
A writ of habeas corpus will not issue without unlawful restraint of applicant’s liberty. Parker v. Ellis, 362 U. S. 574, 80 S.Ct. 909, 4 L.Ed.2d 963.
The judgment of the District Court must be affirmed.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Connolly v. Sigler, 339 F.2d 705 (8th Cir. 1965)
Authorities Cited
- Parker v. Ellis, 362 U.S. 574 (U.S. 1960)