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HARDEE v. WILSON

No. 20562.

363 F.2d 848 (1966)

James E. HARDEE, Appellant, v. Lawrence E. WILSON, Warden, Appellee.

United States Court of Appeals Ninth Circuit.

June 29, 1966.

Attorney(s) appearing for the Case

James E. Hardee, in pro. per.

Thomas C. Lynch, Atty. Gen., Robert R. Granucci, Deputy Atty. Gen., Michael J. Phelan, Deputy Atty. Gen., San Francisco, Cal., for appellee.

Before POPE, CHAMBERS and BARNES, Circuit Judges.

PER CURIAM:

Appellant, a state prisoner proceeding in propria persona and forma pauperis, appeals from the denial of his petition for a writ of habeas corpus. The district court ruled:

"This Court's ruling in Carrizosa v. Wilson, (Judge Zirpoli) No. 43323 (July 23, 1965) [D.C., 244 F.Supp. 120], forecloses further discussion of the [petitioner's] allegation, which is based in fact upon a retrospective application of Escobedo...

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