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LYNOTT v. STEWART

No. 74-2044. Summary Calendar.

505 F.2d 1023 (1974)

Jay LYNOTT, Plaintiff-Appellant, v. D. Lamar STEWART, Individually and in his official capacity as Sheriff of Dougherty County, Georgia, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 30, 1974.

Attorney(s) appearing for the Case

Jay Lynott, pro se.

Arthur K. Bolton, Atty. Gen. of Ga., Atlanta, Ga., Jesse W. Walters, Albany, Ga., for defendants-appellees.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

PER CURIAM:

The District Court denied the petition of plaintiff to proceed in forma pauperis and permitted plaintiff's complaint, brought under § 1983, to be filed for record purposes only. The District Court then denied leave to appeal in forma pauperis on the ground that the appeal was not taken in good faith. This court granted leave.

The basis of the District Court's denial was that plaintiff could await his release from prison to pursue this litigation...

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