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LIPSCOMB v. MADIGAN

No. 17336.

309 F.2d 130 (1962)

Robert E. LIPSCOMB, Appellant, v. Paul J. MADIGAN, Warden, United States Penitentiary, Alcatraz, California, Appellee.

United States Court of Appeals Ninth Circuit.

October 19, 1962.

Attorney(s) appearing for the Case

Jacques R. Welden, San Francisco, Cal., for appellant.

Cecil F. Poole, U. S. Atty., and Jerrold M. Ladar, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before HAMLEY, HAMLIN and BROWNING, Circuit Judges.

PER CURIAM.

Robert E. Lipscomb, a federal prisoner incarcerated at Alcatraz, appeals from an order of the district court denying leave to file, in forma pauperis, an application for a writ of habeas corpus.

Leave was denied to proceed with the habeas corpus proceeding in forma pauperis on the ground that Lipscomb should first present his asserted ground for relief in a 28 U.S.C., § 2255 proceeding brought in the sentencing court, the United States District...

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