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BIRDO v. RODRIGUEZ

No. 9444.

501 P.2d 195 (1972)

84 N.M. 207

Burnice Joe BIRDO, Jr., Plaintiff-Appellant, v. FELIX RODRIGUEZ et al., Defendants-Appellees.

Supreme Court of New Mexico.

September 22, 1972.

Attorney(s) appearing for the Case

Peter B. Shoenfeld, Santa Fe, for plaintiff-appellant.

David L. Norvell, Atty. Gen., Thomas A. Donnelly, Special Asst. Atty. Gen., Santa Fe, for defendants-appellees.

OPINION

STEPHENSON, Justice.

Mr. Rodriguez is warden of the penitentiary where the appellant is an inmate. The latter filed, pro se, in District Court a "Petition to Show Cause" wherein he stated himself to be an indigent person, although he did not request appointment of counsel.

The District Court entered an order for free process, but sua sponte dismissed the petition for failure to allege facts upon...

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