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REECE v. STATE OF WASHINGTON

No. 18022.

310 F.2d 139 (1962)

John Edward REECE, Appellant, v. The STATE OF WASHINGTON and B. J. Rhay, as Superintendent of Washington State Penitentiary at Walla Walla, Washington, Appellees.

United States Court of Appeals Ninth Circuit.

November 19, 1962.

Attorney(s) appearing for the Case

John Edward Reece, Walla Walla, Wash., appears in pro. per. for appellant.

No appearance noted on behalf of appellees.

Before MAGRUDER, MERRILL and BROWNING, Circuit Judges.

PER CURIAM.

Appellant sought leave to file a complaint in forma pauperis naming the State of Washington and the Superintendent of the Washington State Penitentiary as defendants and purporting to allege a cause of action under the Civil Rights Act (42 U.S.C.A. §§ 1981, 1983). The complaint alleged that appellant was serving a prison sentence, the length of which was based upon an erroneous construction by the state court of the state statutes fixing the...

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