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SULLIVAN v. DICKSON

No. 16365.

283 F.2d 725 (1960)

William B. SULLIVAN, Appellant, v. Fred R. DICKSON, Warden, etc., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 7, 1960.

Attorney(s) appearing for the Case

Joseph G. Peatman, Napa, Cal., Duane L. Johnson, Santa Rose, Cal., for appellant.

William B. Sullivan, in pro. per.

Stanley Mosk, Atty. Gen., Arlo E. Smith, John S. McInerny, Deputy Attys. Gen., for appellee.

Before BARNES and MERRILL, Circuit Judges, and MURRAY, District Judge.

BARNES, Circuit Judge.

Appellant filed in the district court below a petition denominated "Motion for a Subpoena Duces Tecum." The district court treated the petition as one for a writ of habeas corpus, and denied it on the ground that three previous petitions by Sullivan had been presented to the same court and denied. The district court refused to issue a certificate of probable cause on appeal, but a certificate of probable...

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