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FOSTER v. UNITED STATES

Misc. No. 187.

344 F.2d 698 (1965)

Walter Leroy FOSTER, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals Sixth Circuit.

April 27, 1965.

Attorney(s) appearing for the Case

Walter Leroy Foster, in pro. per.

Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, for respondent.

Before MILLER, CECIL and PHILLIPS, Circuit Judges.

PER CURIAM.

Petitioner, a prisoner in the United States Penitentiary at Marion, Illinois, filed a motion in the district court on July 6, 1964, to vacate sentence under 28 U.S.C. § 2255. This motion was accompanied by a motion for leave to proceed in forma pauperis in which petitioner stated under oath that "he is a poor person without funds or property, real or otherwise, with which to defray the necessary costs incurred in filing and procession [sic] the current...

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