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SHELTON v. CICCONE

No. 77-1921.

578 F.2d 1241 (1978)

James Michael SHELTON, Appellant, v. Dr. P. J. CICCONE, Director, United States Medical Center for Federal Prisoners, Springfield, Missouri, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1978.

Attorney(s) appearing for the Case

David R. Freeman, Fed. Public Defender and Benjamin D. Entine (argued), Asst. Fed. Public Defender, Kansas City, Mo., on brief for appellant.

James Michael Shelton, pro se.

Ronald S. Reed, Jr., U. S. Atty., and Frederick O. Griffin, Jr. (argued), Asst. U. S. Atty., Kansas City, Mo., on brief for appellee.

Before MATTHES, Senior Circuit Judge, HEANEY, Circuit Judge, and MacLAUGHLIN, District Judge.

MacLAUGHLIN, District Judge.

James Michael Shelton appeals from a judgment of the United States District Court for the Western District of Missouri dismissing his petition for a writ of habeas corpus sought pursuant to 28 U.S.C. § 2241. We have considered the merits of the appeal on the basis of the facts alleged in the petition and the sworn affidavit of the petitioner, and have concluded that the matter should be remanded for an evidentiary hearing.

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