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ATKINS v. SULLIVAN

Nos. 9658, 9661.

387 F.2d 140 (1967)

Claude George ATKINS, Appellant, v. G. L. SULLIVAN, Appellee. James K. KELLY, Appellant, v. STATE OF KANSAS, Sherman H. Crouse, Warden, Charles D. McAtee, Penal Director, Hosea Little, Lt. Guard, K.S.P., Appellees.

United States Court of Appeals Tenth Circuit.

November 20, 1967.

Attorney(s) appearing for the Case

Jon K. Sargent, Asst. Atty. Gen., Topeka, Kan., for appellees.

Claude G. Atkins and James K. Kelly, pro se.

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

PER CURIAM.

These actions were submitted for filing to the United States District Court without prepayment of fees. The appellants moved for leave to file in forma pauperis and submitted what was purported to be an affidavit in support of the motion. These affidavits were not notarized but bore the thumbprint of the appellants. The trial court declined to grant leave to proceed in forma pauperis since the documents were not proper affidavits as required by 28 U.S...

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