NOORLANDER v. CICCONE

No. 73-1532.

489 F.2d 642 (1973)

Walter Olie NOORLANDER, Appellant, v. Dr. P. J. CICCONE, Director, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 27, 1973.


Attorney(s) appearing for the Case

Walter Olie Noorlander, pro se.

Bert C. Hurn, U. S. Atty., and Frederick O. Griffin, Jr., and Anthony P. Nugent, Jr., Asst. U. S. Attys., Kansas City, Mo., for appellee.

Before VOGEL, Senior Circuit Judge, and HEANEY and ROSS, Circuit Judges.


ROSS, Circuit Judge.

A question of importance to the effective administration of justice is raised on this appeal—whether a district court rule, which permits a judge to delegate to a magistrate the power to hold preliminary evidentiary hearings in federal and state habeas corpus cases is valid. We give a qualified affirmative answer to that question.

The question arises out of a prisoner petition filed with the United States District Court for the...

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