FORTNER v. BALKCOM

No. 23537.

380 F.2d 816 (1967)

Garnett B. FORTNER, Appellant, v. R. P. BALKCOM, Jr., Warden, Georgia State Prison, Appellee.

United States Court of Appeals Fifth Circuit.

July 7, 1967.


Attorney(s) appearing for the Case

James R. Paulk, Jr., G. Kimbrough Taylor, Jr., Atlanta, Ga., for appellant.

Joel M. Feldman, Hardaway Young, III, Asst. Attys. Gen., Arthur K. Bolton, Atty. Gen., Atlanta, Ga., for appellee.

Before BROWN, GOLDBERG and AINSWORTH, Circuit Judges.


GOLDBERG, Circuit Judge:

This is an appeal in forma pauperis from a denial of a writ of habeas corpus by the District Court for the Southern District of Georgia. We reverse and remand for a meaningful hearing on the petitioner's allegations.

We are mindful of Judge Gewin's admonition that "once fairly tried and convicted, prisoners should not be allowed to crowd the courts with continuous, repetitious and frivolous hearings to the extent that such proceedings...

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