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BERRY v. BETO

No. 26839 Summary Calendar.

410 F.2d 503 (1969)

James BERRY, Jr., Plaintiff-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

April 18, 1969.

Attorney(s) appearing for the Case

James Berry, Jr., pro se.

Crawford C. Martin, Atty. Gen., Monroe Clayton, Asst. Atty. Gen., Austin, Tex., Nola White, First Asst. Atty. Gen., Hawthorne Phillips, Staff Legal Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for appellee.

Before JOHN R. BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.

PER CURIAM:

Since appellant is without counsel and none has been appointed, the case cannot be orally heard, see Elchuk v. United States, 1962, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802, and independent examination of the papers on file indicates that the case is properly placed on the Summary Calendar pursuant to Fifth Circuit Rule 18.1

This is an appeal from denial of habeas corpus relief to a...

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