Can a writ of habeas corpus ad prosequendum be issued without the consent of a prisoner?

MultiRegion, United States of America

The following excerpt is from Morgan v. United States, 380 F.2d 686 (9th Cir. 1967):

It is the "customary issuance" which appellant here tells us is void. The argument is completely without merit. It is clear that the prisoner's consent is irrelevant to the issuance of the writ. United States ex rel. Moses v. Kipp, 232 F.2d 147 (7th Cir. 1956). In Kipp it was even said that the prisoner had no standing to attack the operation of the writ as it required his return to state authorities, but a footnote in Carbo v. United States, supra 364 U.S. at 612, n. 1, 81 S.Ct. 338, casts doubt on such a position. It is nevertheless unquestionable law that the writ of habeas corpus ad prosequendum may issue without it having been requested by the prisoner.

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