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WAY v. GAFFNEY

No. 319-70.

434 F.2d 996 (1970)

Theodore WAY, Appellant, v. R. J. GAFFNEY, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 20, 1971.

Attorney(s) appearing for the Case

Kent Frizzell, Atty. Gen., and Edward G. Collister, Jr., Asst. Atty. Gen., for appellee.

Theodore Way, pro se.

Before LEWIS, Chief Judge, PICKETT, Circuit Judge, and KERR, District Judge.

PER CURIAM.

This state prisoner habeas case is once again before us. In his petition, filed in April, 1969, Way alleged that his appeal to the Kansas Supreme Court from a 1967 conviction and sentence had not been docketed, although eighteen (18) months had passed since the notice of appeal. In Way v. Crouse, 421 F.2d 145 (10th Cir. 1970), we held that the district court should not have dismissed...

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