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NEWTON v. ESTELLE

No. 73-2857.

483 F.2d 447 (1973)

Dennis NEWTON, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 14, 1973.

Attorney(s) appearing for the Case

James H. Randals, Staff Counsel for Inmates, Texas Dept. of Corrections, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen. of Tex., Austin, Tex., for respondent-appellee.

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.

PER CURIAM:

Dennis Newton has applied to this court for a certificate of probable cause and leave to appeal in forma pauperis from the District Court's denial of his petition for habeas corpus. We grant the certificate, grant leave to appeal IFP, and remand the case to the District Court.1

Newton, convicted in Texas state court for robbery by assault, sought and was denied habeas relief in the Texas Courts. He filed a federal petition...

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