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DUNN v. HENDERSON

No. 71-2175 Summary Calendar.

446 F.2d 1398 (1971)

James H. DUNN, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 19, 1971.

Attorney(s) appearing for the Case

James Dunn, pro se.

Jack P. F. Gremillion, Atty. Gen. of La., Baton Rouge, La., for respondent-appellee.

Before, BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

Dunn appeals the district court's denial of his petition for habeas corpus, 312 F.Supp. 1370. Although the court's order was entered on May 15, 1970, the appellant did not file a notice of appeal or any document which might reasonably be construed as such until the March 3, 1971 filing of his motion for a certificate of probable cause. The motion was granted on the same date by the district court.

Since the...

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