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CLEMENTS v. WAINWRIGHT

No. 80-5985 Summary Calendar.

648 F.2d 979 (1981)

Frankie Lee CLEMENTS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

June 23, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, Elliot H. Scherker, Asst. Public Defender, Miami, Fla., for petitioner-appellant.

Alan T. Lipson, Dept. of Legal Affairs, Miami, Fla., for respondent-appellee.

Before HILL, HENDERSON and ANDERSON, Circuit Judges.

PER CURIAM:

This is an appeal by a prisoner in state custody of denial of a 28 U.S.C.A. § 2254 (West 1977) petition. The district court issued an order certifying the appeal to be taken in good faith and allowing the appeal in forma pauperis; however, the district court has not acted on appellant's motion for certification of probable cause filed six days after notice of appeal was filed.

Since the district court has not ruled on the appellant...

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