OUGHTON v. TAYLOR

No. 7757.

381 F.2d 23 (1967)

Chester L. OUGHTON, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

January 19, 1967.


Attorney(s) appearing for the Case

Thomas G. Brown, Denver, Colo., for appellant.

Newell A. George, U. S. Atty., and Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan., for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN, Circuit Judge.


PER CURIAM.

The appellee has filed a motion for an order dismissing the appeal taken by the appellant on May 5, 1964. The grounds relied on by the appellee in support of his motion are that appellant's inaction for such a long period of time is tantamount to an abandonment of his appeal and that since the appellant was, in May 1965, transferred from Leavenworth to the U. S. Penitentiary at McNeil Island, Washington, the action pending in this court is now moot.

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