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CRAIG v. GARRISON

No. 76-8270.

549 F.2d 306 (1977)

James Edward CRAIG, Appellant, v. Warden Sam P. GARRISON, Central Prison, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 7, 1977.

Attorney(s) appearing for the Case

James Edward Craig, appellant pro se.

Richard N. League, N.C. Dept. of Justice, Raleigh, N.C., for appellee.

Before CRAVEN, BUTZNER and RUSSELL, Circuit Judges.

MEMORANDUM AND ORDER:

James Edward Craig filed two petitions in the district court on March 4, 1976. He labeled one "Application for Writ of Habeas Corpus"; he labeled the other "Application for Peremptory Writ of Mandamus." In the first one he sought release unless the state court would give him a hearing "now" on his state postconviction remedy. Not being a lawyer he has inverted the clauses — but his meaning is clear: he wants out. Indeed, his application...

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