UNITED STATES v. PATE

No. 14955.

351 F.2d 910 (1965)

UNITED STATES of America ex rel. Edward F. THOMAS, a/k/a Oscar Jackson, Petitioner-Appellant, v. Frank J. PATE, Warden, Illinois State Penitentiary, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 1, 1965.


Attorney(s) appearing for the Case

John E. Allen, Howard Friedman, Chicago, Ill., for appellant.

William G. Clark, Atty. Gen., Richard A. Michael, Asst. Atty. Gen., Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and KNOCH and SWYGERT, Circuit Judges.


Rehearing Denied November 1, 1965. En Banc.

KNOCH, Circuit Judge.

Edward F. Thomas also known as Oscar Jackson filed his petition for writ of habeas corpus in the United States District Court. Motion of the respondent, Frank J. Pate, Warden, Illinois State Penitentiary, to dismiss was allowed and the petition was dismissed by an order citing Title 28 United States Code, § 2244, which provides:

§...

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