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WILLEFORD v. ESTELLE

No. 75-2001.

538 F.2d 1194 (1976)

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

United States Court of Appeals, Fifth Circuit.

September 20, 1976.

Attorney(s) appearing for the Case

Bertrand C. Moser, Houston, Tex. (Court appointed), for petitioner-appellant.

Patrick Rogers, Asst. Atty. Gen., John L. Hill, Atty. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, SIMPSON and MORGAN, Circuit Judges.

SIMPSON, Circuit Judge:

Archie Willeford, held in the custody of the Texas Prison System, after exhausting state post conviction remedies brought this petition in the district court below, seeking federal habeas corpus relief under Title 28, U.S.C., Section 2241 et seq. The district court denied the petition without an evidentiary hearing and without appointing counsel for Willeford. We granted appellant leave to proceed in forma pauperis and appointed appellate...

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