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MacKENNA v. ELLIS

No. 17213.

263 F.2d 35 (1959)

Edward Morgan MacKENNA, Appellant, v. O. B. ELLIS, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 20, 1959.

Attorney(s) appearing for the Case

Edward Morgan MacKenna, in pro. per.

Linward Shivers, Asst. Atty. Gen., Will Wilson, Atty. Gen., B. H. Timmins, Jr., Asst. Atty. Gen., for appellee.

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

RIVES, Circuit Judge.

This appeal is from a final judgment declining either to grant the Writ of Habeas Corpus or to enter an order to show cause. The district judge, believing the appeal to be without merit, declined to allow it to proceed in forma pauperis under Section 1915, Title 28 U.S.C.A., and also declined to issue a certificate of probable cause under Section 2253 of said Title. However, on April 4, 1958, a panel...

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