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UNITED STATES v. FOSTER

175 F.2d 772 (1949)

UNITED STATES ex rel. RHEIM v. FOSTER.

United States Court of Appeals Second Circuit.

Decided July 6, 1949.

Attorney(s) appearing for the Case

Everett Rheim, pro se.

Before SWAN and CHASE, Circuit Judges, and J. JOSEPH SMITH, District Judge.

PER CURIAM.

The appellant, who is in custody pursuant to a judgment of a court of the state of New York, desires to appeal from an order of Judge Brennan denying his petition for a writ of habeas corpus. Judge Brennan refused to issue a certificate of probable cause. This precludes an appeal from denial of the writ unless such a certificate can be obtained from "a circuit justice or judge." 28 U.S.C.A. § 2253; Edmonson v. Swenson, 4 Cir. 1948,

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