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SHEPHERD v. NELSON

No. 25651.

432 F.2d 1045 (1970)

James Ellis SHEPHERD, Plaintiff-Appellant, v. Louis S. NELSON, Warden, California State Prison, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 29, 1970.

Attorney(s) appearing for the Case

James Ellis Shepherd, pro. per.

Thomas C. Lynch, Atty. Gen., Derald E. Granberg and Jerome C. Utz, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before BARNES, BROWNING, and DUNIWAY, Circuit Judges.

PER CURIAM:

Appellant, a state prisoner convicted of rape and attempted rape, appeals from an order dismissing his petition for writ of habeas corpus without an evidentiary hearing. We affirm.

(1) The petition alleged that appellant was deprived of his rights of confrontation and cross-examination. The district court correctly dismissed this claim as being a bare conclusion, unsupported by allegations of underlying...

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