UNITED STATES v. PATE

No. 13744.

310 F.2d 460 (1962)

UNITED STATES of America ex rel. William WELLS, Petitioner-Appellant, v. Frank J. PATE, Warden, Illinois State Penitentiary, Joliet, Illinois, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

November 30, 1962.


Attorney(s) appearing for the Case

William Wells, pro se.

William G. Clark, Atty. Gen., William C. Wines, Asst. Atty. Gen., Chicago, Ill., Edward A. Berman, Asst. Atty. Gen., of counsel, for appellee.

Before HASTINGS, Chief Judge and DUFFY and KILEY, Circuit Judges.


HASTINGS, Chief Judge.

Petitioner William Wells appeals from an order of the United States District Court for the Northern District of Illinois, Honorable James B. Parsons presiding, dismissing his petition for writ of habeas corpus "for failure to allege a cause of action."

The district court dismissed the petition without a hearing, granted leave to appeal in forma pauperis and allowed petitioner's motion for a certificate of probable cause.

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