MILLIKEN, Chief Justice.
On April 28, 1964, petitioner, a confinee of Eddyville State Penitentiary, filed this action pro se to compel Judge Frank A. Ropke of the Jefferson Circuit Court, Criminal Branch, to issue a final ruling on petitioner's motion to vacate judgment under RCr 11.42 which he had filed in that court on February 10, 1964.
On April 1, 1964, petitioner's motion was overruled by Judge Ropke whose order read in part as follows:
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