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United States v. Maroney

decided: May 21, 1968.

UNITED STATES OF AMERICA EX REL. PEARLY WILSON, APPELLANT.
v.
JAMES F. MARONEY, SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION, PITTSBURGH, PENNSYLVANIA



Hastie, Chief Judge, and McLaughlin and Van Dusen, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

On February 24, 1967, appellant filed a petition for a writ of habeas corpus in the United States District Court for the Middle District of Pennsylvania, alleging that he was illegally confined in the State Correctional Institution at Pittsburgh, Pa. "as result of an unfair trial." The petition alleges that he was denied his right to confront and cross-examine the witnesses against him and that his right of appeal was obstructed. Also, it alleges unconstitutionally discriminatory and dilatory treatment of proceedings instituted by him under the Pennsylvania Post Conviction Hearing Act (19 P.S. ยง 1180-1 ff.). An order transferring the above action to the United States District Court for the Western District of Pennsylvania was filed promptly and notice of such order was given to appellant. By order of March 3, 1967, the latter District Court dismissed the petition without a hearing.

In view of failure of the petition to comply with subsections 3-5, 7 and 8 of Local Rule 15 of the District Court and its failure to specify the state criminal charge, date of trial, term and number of the state court proceedings, length or date of sentence, or other pertinent facts, ...


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