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HAYES v. COWAN

No. 76-1409.

547 F.2d 42 (1976)

Paul Lewis HAYES, Petitioner-Appellant, v. Henry COWAN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 30, 1976.

Attorney(s) appearing for the Case

Paul F. Isaacs, Anna H. Isaacs, Jack Emory Farley, J. Vincent Aprile, II, Frankfort, Ky., for petitioner-appellant.

Robert F. Stephens, Atty. Gen. of Kentucky, Victor Fox, Robert L. Chenoweth, Frankfort, Ky., for respondent-appellee.

Before PECK, McCREE and LIVELY, Circuit Judges.

McCREE, Circuit Judge.

This is an appeal from the denial of a petition for habeas corpus challenging confinement based on Hayes' conviction of being an habitual criminal under Kentucky's recidivist statute, K.R.S. § 431.190.1 The district court referred the petition to a magistrate to determine whether leave to proceed in forma pauperis should be granted pursuant to 28 U.S.C. §...

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