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LEE v. SWOPE

No. 14608.

225 F.2d 674 (1955)

John LEE, Appellant, v. E. B. SWOPE, Warden, United States Penitentiary, Alcatraz, California, Appellee.

United States Court of Appeals Ninth Circuit.

September 14, 1955.

Attorney(s) appearing for the Case

Charles Upton Shreve, Carl L. Rhoads, Detroit, Mich., Jack L. Blaine, San Francisco, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before STEPHENS, ORR, and CHAMBERS, Circuit Judges.

STEPHENS, Circuit Judge.

The district court's1 order here appealed from is as follows:

"Ordered that petitioner's petition for a writ of habeas corpus be and the same is hereby dismissed without prejudice, and the order to show cause heretofore issued out of this Court is hereby discharged." (Dated and filed October 22, 1954.)

The district court refused relief because the petition for the writ reveals upon its face that...

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