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McNAIR v. McCUNE

No. 74-1471.

527 F.2d 874 (1975)

Noah Carl McNAIR, Appellant, v. G. R. McCUNE, Warden, Federal Reformatory, Petersburg, Virginia, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 20, 1975.

Attorney(s) appearing for the Case

Kenneth M. Suggs, Columbia, S.C. [third-year law student], Randall T. Bell, Columbia, S.C. [court-appointed counsel], (Katherine W. Hill, on brief), for appellant.

Michael A. Rhine, Asst. U. S. Atty. (William B. Cummings, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN, Circuit Judges.

PER CURIAM:

On February 13, 1974, petitioner McNair's complaint and petition to proceed in forma pauperis was notarized at the Petersburg Reformatory. On March 20, 1974, the district judge wrote to the warden at Petersburg requesting information concerning petitioner's allegations. The warden responded by letter of March 26. On April 4, 1974, the district judge entered an order permitting petitioner's complaint to be filed and, sua sponte, dismissing it "because on...

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