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RAINHA v. CASSIDY

Misc. No. 553.

454 F.2d 207 (1972)

Private Alfred J. RAINHA, Petitioner, v. Myles D. CASSIDY, Commanding Officer, H & S Co., 1st Battalion, 25th Marine Corps, et al., Respondents.

United States Court of Appeals, First Circuit.

Decided January 13, 1972.

Attorney(s) appearing for the Case

Herbert N. Goodwin, Boston, Mass., for appellant.

Robert B. Collings, Asst. U. S. Atty., for appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

Petitioner seeks a stay in connection with his appeal from the denial of a restraining order in connection with his habeas corpus petition by the district court, which, in practical effect, amounts to a dismissal of the petition.1 The court denied the stay without hearing the parties, relying on a magistrate's report of findings and recommendations based upon an evidentiary hearing before the magistrate. Petitioner...

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