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ALCORN v. GLADDEN

No. 16970.

286 F.2d 689 (1961)

James Eugene ALCORN, Appellant, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

February 1, 1961.

Attorney(s) appearing for the Case

James E. Alcorn, in pro. per. Richard M. Kaplan, San Francisco, Cal., for appellant.

Robert Y. Thornton, Atty. Gen., for State of Oregon, Robert G. Danielson, Asst. Atty. Gen., for State of Oregon, for appellee.

Before POPE and HAMLEY, Circuit Judges, and JAMESON, District Judge.

HAMLEY, Circuit Judge.

James Eugene Alcorn, a prisoner in Oregon State Penitentiary, appeals from a district court order denying his application for a writ of habeas corpus. The application was denied without calling for a return and without hearing. This was done on the ground that the application did not state facts upon which relief might be granted and that there was no showing of any attempt to comply with the Oregon Post-Conviction Hearing Act, Oregon Laws 1959...

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