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HOLLEY v. CAPPS

No. 72-2572 Summary Calendar.

475 F.2d 232 (1973)

George HOLLEY, Petitioner-Appellant, v. Walter CAPPS, Warden, Atmore State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 14, 1973.

Attorney(s) appearing for the Case

George Holley, pro se.

William Baxley, Atty. Gen., Joseph G. L. Marston, III, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

The district court has responded to our memorandum-opinion dated November 14, 1972, 468 F.2d 1366, in this cause by entry of the order copied in the margin.1 Upon the basis thereof we conclude that the appeal was not timely taken. Accordingly, the appeal herein...

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