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PEOPLE OF THE UNITED STATES v. BIBB

No. 12181.

255 F.2d 772 (1958)

PEOPLE OF THE UNITED STATES of America, ex rel. Barney Alvin KELLY, Petitioner-Appellant, v. Joseph D. BIBB, Director of Department of Public Safety, et al., Ross V. Randolph, Warden, Illinois State Penitentiary, Menard, Illinois, Grove B. Smith, Psychiatrist, Respondents-Appellees.

United States Court of Appeals Seventh Circuit.

June 3, 1958.

Attorney(s) appearing for the Case

John R. Worthington, Chicago, Ill., for appellant.

Latham Castle, Atty. Gen., William C. Wines, Asst. Atty. Gen., for appellee.

Before DUFFY, Chief Judge, MAJOR, Circuit Judge, and PLATT, District Judge.

PLATT, District Judge.

Appellant, Barney Alvin Kelly, an inmate of the psychiatric division of the Illinois State Penitentiary at Menard, Illinois, was granted leave in forma pauperis to file his complaint in the district court. The complaint was dismissed by the district court sua sponte. From such dismissal appellant has been permitted to appeal in forma pauperis. He now contends that the order dismissing the complaint was not a final decision...

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