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McCLURE v. HOPPER

No. 78-1080 Summary Calendar.

577 F.2d 938 (1978)

Frank H. McCLURE, Petitioner-Appellant, v. Joe S. HOPPER, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 2, 1978.

Attorney(s) appearing for the Case

Thomas F. Walsh, Savannah, Ga. (Court-appointed), for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., John W. Dunsmore, Jr., John C. Walden, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

Before MORGAN, CLARK, and TJOFLAT, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

State prisoner Frank McClure was denied habeas corpus relief by summary judgment of the United States District Court for the Southern District of Georgia. He urges reversal of the lower court on two grounds. First, he asserts that the district court lacked jurisdiction at the time it decided his case. Next, petitioner contends that the lower court improperly refused him an evidentiary hearing on his claims of constitutional violations...

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