OVERMAN v. WILKINSON

No. 17144.

256 F.2d 58 (1958)

Mark Lee OVERMAN, Appellant, v. F. T. WILKINSON, Warden, United States Penitentiary, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 22, 1958.


Attorney(s) appearing for the Case

Mark Lee Overman, in pro. per.

James W. Dorsey, U. S. Atty., Ralph Ivey, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and JONES and WISDOM, Circuit Judges.


PER CURIAM.

This is an appeal from an order dismissing a petition for habeas corpus on the ground that petitioner's remedy was by motion under Sec. 2255, 28 U.S.C.A. in the court which had sentenced him.

The record discloses that this is appellant's second petition for habeas corpus. His first petition was denied with the suggestion that the petitioner's remedy was by a Section 2255 motion in the sentencing court, and petitioner filed such a motion. This motion...

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