
    WALEY v. JOHNSTON, Warden.
    Circuit Court of Appeals, Ninth Circuit.
    March 4, 1940.
    Harmon Metz Waley, in pro. per.
    No other appearances.
    Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.
   PER CURIAM.

This application should he addressed to the District Court. Smith v. Johnston, 9 Cir., 109 F.2d 152, filed January 15, 1940. The application does not show that an appeal has been taken, and it is apparently advanced in ignorance of the proposition that appeals in habeas corpus may now be taken by giving and filing notice of appeal in the District Court.

Application denied.  