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JOHNSON v. MABRY

No. 79-1041.

602 F.2d 167 (1979)

Harry Lee JOHNSON, Appellant, v. James MABRY, Commissioner, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 18, 1979.

Attorney(s) appearing for the Case

Richard Quiggle, Little Rock, Ark., on brief for appellant.

Joseph H. Purvis, Asst. Atty. Gen., Little Rock, Ark., for appellee; Steve Clark, Atty. Gen., Little Rock, Ark., on brief.

Before GIBSON, Chief Judge, HEANEY, Circuit Judge, and MacLAUGHLIN, District Judge.

MacLAUGHLIN, District Judge.

Petitioner Harry Lee Johnson appeals from the dismissal by the District Court of his petition for a writ of habeas corpus. The central issue on this appeal concerns the propriety of a change in a commitment order made at the direction of the state court judge who originally sentenced petitioner. The change purported to correct the original commitment order to reflect that the sentence imposed on petitioner provided for consecutive, rather...

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