CRUZ v. BETO

Misc. No. 1432.

415 F.2d 325 (1969)

Fred Arispe CRUZ, Petitioner, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent.

United States Court of Appeals Fifth Circuit.

August 13, 1969.


Attorney(s) appearing for the Case

Fred Arispe Cruz, pro se.

Crawford Martin, Atty. Gen., Austin, Tex., for respondent.

Before COLEMAN, SIMPSON and CARSWELL, Circuit Judges.


PER CURIAM:

Fred Arispe Cruz, a Texas state prisoner, has applied to this Court for a certificate of probable cause and leave to appeal in forma pauperis. We grant the motion and reverse and remand, with directions to transfer the cause to the United States District Court in Houston, Texas, for adjudication upon its merits.

The appellant complains of the continued enforcement of a regulation of the Texas Department of Corrections prohibiting inmates...

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