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HUTTO v. UNITED STATES

No. 74-3215.

511 F.2d 172 (1975)

Jimmy Dale HUTTO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 11, 1975.

Attorney(s) appearing for the Case

David H. Berg, Houston, Tex., for petitioner-appellant.

Anthony J. P. Farris, U. S. Atty., Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., for respondent-appellee.

Before WISDOM, BELL and CLARK, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

The opinion of this court dated March 7, 1975, 509 F.2d 132, does not expressly or impliedly grant in forma pauperis status to Petitioner-Appellant, nor does it expressly or impliedly interdict the statutory power of the clerk of the district court to require the payment of a filing fee in the civil proceeding which Petitioner-Appellant desires to commence. The cause should have...

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