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McDANIEL v. JONES

No. 71-1963.

447 F.2d 490 (1971)

Grover Cleveland McDANIEL, Petitioner-Appellant, v. Clarence JONES, Sheriff, and State of Texas, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

August 27, 1971.

Attorney(s) appearing for the Case

Grover C. McDaniel, pro se.

Crawford C. Martin, Atty. Gen., Austin, Tex., Henry Wade, Crim. Dist. Atty., Harry J. Schulz, Jr., Asst. Dist. Atty., Dallas, Tex., for respondents-appellees.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

This case presents the sequel to McDaniel v. Sheriff, 445 F.2d 851 (5th Cir., 1971) [No. 30829, June 24, 1971]. In that case a panel of this court vacated and remanded an order of the district court dismissing McDaniel's application for the writ of habeas corpus as moot. In the instant appeal McDaniel filed a civil action on February 16, 1971, which the United States Magistrate took as an application for writ of habeas...

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