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DUNN v. CALIFORNIA DEPARTMENT OF CORRECTIONS

No. 22301.

401 F.2d 340 (1968)

James Franklin DUNN, Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, California Adult Authority, et al., and L. S. Nelson, Warden, Appellees.

United States Court of Appeals Ninth Circuit.

October 8, 1968.

Attorney(s) appearing for the Case

James F. Dunn, in pro. per.

George R. Nock (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen. of Cal., John T. Murphy, Deputy Atty. Gen., San Francisco, Cal., for appellees.

Before HAMLIN and MERRILL, Circuit Judges, and WHELAN, District Judge.

WHELAN, District Judge:

Appellant, a State prisoner now on parole, appeals from an order of the District Court denying his petition for writ of habeas corpus. At the time of filing the petition and at the time of the denial appellant was in a State prison. This Court has jurisdiction under Title 28, United States Code, Section 2253.

Appellees' motion to dismiss the appeal on the ground of mootness because appellant is now on parole is denied for the reason...

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