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MILLIGAN v. STONE

No. 76-1825.

548 F.2d 878 (1977)

Gary L. MILLIGAN, Petitioner-Appellant, v. W. T. STONE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

January 12, 1977.

Attorney(s) appearing for the Case

Thomas D. Schaefer (argued), San Diego, Cal., for petitioner-appellant.

Alan S. Meth, Deputy Atty. Gen. (argued), San Diego, Cal., for respondent-appellee.

Before CHAMBERS and GOODWIN, Circuit Judges, and WHELAN, District Judge.

ORDER OF AFFIRMANCE

Generally, the order dismissing the petition for habeas corpus is affirmed on the basis of the contents thereof. The order is reported, Milligan v. Stone, 424 F.Supp. 1088 (S.D.Cal., entered January 13, 1976).

It should be noted, however, that the district court was under a misapprehension that a state certificate had not been sought for a state appeal. But the decision only alternatively relied...

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