GARDNER v. POGUE

No. 76-1578.

558 F.2d 548 (1977)

Gary D. GARDNER, Petitioner-Appellant, v. Edwin POGUE, Warden, Nevada State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

August 1, 1977.


Attorney(s) appearing for the Case

Robert N. Peccole, Las Vegas, Nev., submitted briefs for petitioner-appellant.

Frank J. Cremen, Deputy Dist. Atty., Las Vegas, Nev., submitted briefs for respondent-appellee.

Before TRASK and ANDERSON, Circuit Judges, and TAKASUGI, District Judge.


TRASK, Circuit Judge:

This is an appeal from a federal district court's denial of a petition for a writ of habeas corpus. Because the district court failed to comply with the requirements of Rule 22(b) of the Federal Rules of Appellate Procedure by issuing either a certificate of probable cause or a statement of its reasons for declining to grant one, we lack jurisdiction to hear the appeal. We remand the case for a determination...

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