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MEDRANO v. STATE OF TEX.

No. 78-1134 Summary Calendar.

580 F.2d 803 (1978)

Santiago D. MEDRANO, Plaintiff-Appellant, v. STATE OF TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 21, 1978.

Attorney(s) appearing for the Case

Santiago D. Medrano, pro se.

Michael R. Gibson, El Paso, Tex., for plaintiff-appellant.

Steve W. Simmons, Dist. Atty. of El Paso County, El Paso, Tex., for defendant-appellee.

Before THORNBERRY, GEE and FAY, Circuit Judges.

PER CURIAM:

Santiago D. Medrano was arrested in Texas on April 2, 1977. He was indicted shortly thereafter under a Texas theft statute. On September 9, he filed a petition for removal in district court under 28 U.S.C. § 1443(1), alleging a violation of his right to a speedy trial. Although Medrano told his court-appointed attorney that he had filed the petition in district court, a copy was never filed in state court as required by 28 U.S.C. § 1446(e). On...

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