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DIXON v. BETO

No. 72-2732 Summary Calendar.

472 F.2d 598 (1973)

Weldon Clark DIXON, Petitioner-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 23, 1973.

Attorney(s) appearing for the Case

Crawford Martin, Atty. Gen., Austin, Tex., for respondent-appellant.

Weldon Clark Dixon, pro se.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

This is the second appeal from the United States District Court for the Northern District of Texas where the district court ordered the state court to hold an evidentiary hearing in a habeas matter involving a state prisoner. In Anderson v. Beto, 5 Cir., 1972, 469 F.2d 1076 [dated November 27, 1972], we held that the district court exceeded its authority in so doing. We make the same holding here. Cf. also Clark v. Henderson...

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