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THOMPSON v. SMITH

161 F.2d 728 (1947)

THOMPSON v. SMITH, Superintendent of State Penitentiary.

Circuit Court of Appeals, Ninth Circuit.

May 16, 1947.

Attorney(s) appearing for the Case

Ray Thompson, in pro. per., for appellant.

No appearance for respondent.

Before GARRECHT, HEALY, and BONE, Circuit Judges.

PER CURIAM.

This petition for a "writ of certiorari" should be denied for several reasons:

1. We assume that the petitioner means to bring a proceeding in habeas corpus, since certiorari would have no application in a case of this kind. The petition, however, is addressed to this court, which does not issue a writ of habeas corpus except in aid of its appellate jurisdiction. The petition for leave to proceed in forma pauperis, on the other hand, is addressed...

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