Opinion
No. 8933.
Argued October 17, 1945.
Decided November 19, 1945.
Appeal from the District Court of the United States for the District of Columbia.
Habeas corpus proceeding by Benjamin H. Jones against E.J. Welch, Superintendent, D.C. Reformatory. From a judgment denying the petition, the petitioner appeals.
Affirmed.
Mr. John Dillon Fitzgerald, of Washington, D.C. (appointed by this court) for appellant.
Mr. Charles B. Murray, Assistant United States Attorney, of Washington, D.C., with whom Mr. Edward M. Curran, United States Attorney, of Washington, D.C., was on the brief, for appellee.
Before EDGERTON, WILBUR K. MILLER, and PRETTYMAN, Associate Justices.
The District Court denied appellant's petition for habeas corpus. The allegations of the petition related to the manner in which the Parole Board arrived at its decision not to admit appellant to parole. "Eligibility to parole * * * cannot be tried in habeas corpus." Pope v. Huff, 79 U.S.App.D.C. 18, 19, 141 F.2d 727, 728. McNally v. Hill, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238; Goldsmith v. Aderholt, 5 Cir., 44 F.2d 166. The judgment of the District Court was therefore right and is affirmed. We do not suggest that the Board's alleged procedure was in any way defective.