PEBLEY v. DIST. ATTORNEY AND/OR SHERIFF MECKLENBURG CTY., (N.D.W.Va. 1952)

WATKINS, District Judge.

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.