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McGARRITY v. WILSON

No. 20987.

368 F.2d 677 (1966)

Andrew McGARRITY, Petitioner-Appellant, v. Lawrence E. WILSON, Warden California State Prison, San Quentin, California, and The People of the State of California, Respondents-Appellees.

United States Court of Appeals Ninth Circuit.

October 21, 1966.

Attorney(s) appearing for the Case

Andrew S. McGarrity, Tamal, Cal., in pro. per.

Thomas C. Lynch, Atty. Gen., Robert R. Granucci, Jay S. Linderman, Deputy Attys. Gen., San Francisco, Cal., for appellees.

Before HAMLEY and BROWNING, Circuit Judges, and MATHES, District Judge.

HAMLEY, Circuit Judge.

Andrew S. McGarrity, in California penal custody under a life sentence following his 1959 conviction of first degree murder, applied to the district court for a writ of habeas corpus and sought leave to proceed in that court in forma pauperis. The district court denied the motion to proceed in forma pauperis. McGarrity appeals.

The district court did not deny the motion for leave to proceed in forma pauperis because of a failure by McGarrity...

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