Opinion
No. 610-W.
October 15, 1952.
Carl Bachmann, C. Lee Spillers, Lester Hess and Wayne Brooks, of Wheeling, W. Va., for petitioner.
Petitioner has filed what he calls a petition for a "Writ of Habeas Corpus Ad Prosequendum." He states that he is now a prisoner in the State Penitentiary at Moundsville, serving a 10-year sentence, and that a detainer, from Mecklenburg County, North Carolina, has been filed against him, charging auto theft. He wants a speedy trial of the North Carolina charge, and asks this Court for an order of removal.
The petition must be dismissed for the following reasons: (1) Lack of jurisdiction; (2) If petitioner wants a speedy trial, he should address that request to the North Carolina state authorities. He has not exhausted state remedies; (3) The petition does not state a cause of action.
The petition may be filed, and then dismissed.