Opinion
No. 9923.
February 27, 1942.
Appeal from the District Court of the United States for the Western District of Washington, Southern Division; Claude McColloch, Judge.
Habeas corpus proceeding by Norris H. Pyron against P.J. Squier, Acting Warden, United States Penitentiary, McNeil Island, Washington. From an order discharging a writ of habeas corpus, Norris H. Pyron appeals.
Appeal dismissed.
Norris H. Pyron, in pro. per., for appellant.
J. Charles Dennis, U.S. Atty., of Seattle, Wash., and Frank Hale, Asst. U.S. Atty., of Tacoma, Wash., for appellee.
Before MATHEWS, HANEY, and STEPHENS, Circuit Judges.
This appeal is from an order discharging a writ of habeas corpus whereby appellee, P.J. Squier, Acting Warden of the United States Penitentiary at McNeil Island, Washington, was required to, and did, produce in the court below the body of appellant, Norris H. Pyron, a prisoner then in appellee's custody.
The writ, which obviously was a habeas corpus, was improperly labeled "order to produce."
The question was whether, as contended by appellant, appellant's term of imprisonment expired on April 2, 1941, or whether, as contended by appellee, appellant's term expired on January 26, 1942. The appeal came on for hearing on January 28, 1942. Meanwhile, regardless of which contention was correct, appellant's term had expired and appellant had been released from custody, thus rendering the appeal moot.
Appeal dismissed.