GALLIGHER v. McCARTHY

No. 72-2209.

470 F.2d 740 (1972)

Billy GALLIGHER, Petitioner-Appellant, v. Daniel J. McCARTHY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

November 22, 1972.


Attorney(s) appearing for the Case

Billy Galligher, in pro. per.

Evelle J. Younger, Atty Gen. of State of Cal., Russell Iungerich and Edward T. Fogel, Jr., Deputy Atty. Gen. for State of Cal., for respondent-appellee.

Before DUNIWAY, ELY and TRASK, Circuit Judges.


DUNIWAY, Circuit Judge:

Galligher, a prisoner of the State of California, appeals from the denial of his petition for a writ of habeas corpus. We reverse.

In his petition, Galligher alleges that the Superintendent of the prison where he is incarcerated has violated his claimed constitutional right to observe certain religious holidays recognized by the religious sect of which he says he is a communicant. He previously filed a similar petition in the Supreme...

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