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ROBERTS v. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

Misc. No. 130.

183 F.2d 580 (1950)

ROBERTS ex rel. et al., INMATES OF THE CALIFORNIA STATE PRISON FOR MEN AT REPRESA, CAL., v. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS et al.

United States Court of Appeals Ninth Circuit.

June 28, 1950.

Attorney(s) appearing for the Case

William Henry Roberts, in pro. per., for petitioners.

No other appearances were entered.

Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.

PER CURIAM.

Appellant moves to rescind our order of January 27, 1949, denying his petition for an allowance of appeal. That denial was based upon a petition for the allowance of an appeal and not upon a petition to be permitted to prosecute an appeal in forma pauperis. So construing the petition, we held that we did not have power to allow an appeal, deeming the only method of taking an appeal is the filing of a notice of appeal in the district court under Federal...

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