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SHORTEN v. MARKLEY

Misc. No. 187.

330 F.2d 102 (1964)

Lee SHORTEN Petitioner-Appellant, v. T. W. MARKLEY, Warden, United States Penitentiary, Terre Haute, Indiana, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

April 8, 1964.

Attorney(s) appearing for the Case

Lee Shorten, pro se.

Richard P. Stein, U. S. Atty., Indianapolis, Ind., for respondent.

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

PER CURIAM.

On January 29, 1964, petitioner submitted to this Court a document entitled "Application for Writ of Habeas Corpus." In spite of the title to this paper, it is apparent that petitioner is attempting to appeal, in forma pauperis, from an order of the District Court filed November 8, 1963, denying an application for a writ of habeas corpus.

No formal notice of appeal was filed. On January 3, 1964, petitioner filed in

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