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GARDNER v. POGUE

No. 76-1578.

568 F.2d 648 (1978)

Gary D. GARDNER, Petitioner-Appellant, v. Edwin POGUE, Warden Nevada State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

January 25, 1978.

Attorney(s) appearing for the Case

Robert N. Peccole, Las Vegas, Nev., for petitioner-appellant.

Frank J. Cremen, Las Vegas, Nev., for respondent-appellee.

Before TRASK and ANDERSON, Circuit Judges, and TAKASUGI, District Judge.

TRASK, Circuit Judge:

On August 1, 1977, this court considered whether a petition for habeas corpus was properly before us in the light of Fed.R.App.P. 22(b). We concluded that without a certificate of probable cause from the district court, or a statement of its reasons for declining to issue one, we lacked jurisdiction to hear the appeal. Gardner v. Pogue, 558 F.2d 548 (9th Cir. 1977). We also held that leave to proceed in...

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