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NELSON v. MORIARTY

Misc. No. 73-8048.

484 F.2d 1034 (1973)

Sammie L. NELSON, Petitioner-Appellant, v. John MORIARTY, Superintendent of Massachusetts Correctional Institution at Walpole, Massachusetts, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided September 20, 1973.

Attorney(s) appearing for the Case

Sammie L. Nelson, pro se on application for certificate of probable cause and petition for emergency relief.

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

PER CURIAM.

Petitioner, Sammie L. Nelson, is presently confined at the Massachusetts Correctional Institution, Walpole, Massachusetts, on, inter alia, a sentence for rape and abuse of a child (statutory rape). This is an application for a certificate of probable cause, the district court having dismissed Nelson's petition for a writ of habeas corpus on an opinion by a magistrate, and refused a certificate. Petitioner has also moved for emergency relief consisting...

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