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HILL v. ESTELLE

No. 80-1344 Summary Calendar.

653 F.2d 202 (1981)

Odell Hargrow HILL, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

August 10, 1981.

Attorney(s) appearing for the Case

George Scharmen, San Antonio, Tex. (Court-appointed) for petitioner-appellant.

Douglas M. Becker, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before AINSWORTH, GARZA, and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

Appellant Hill, a state prisoner, appeals from the district court's sua sponte dismissal of his pro se petition for writ of habeas corpus for failure to state a claim upon which relief could be granted. Rules Governing Section 2254 Cases in the United States District Courts, Rule 4. See Colvin v. Estelle, 506 F.2d 747, 748 (5th Cir. 1975). This Court affirms.

Taking Hill's allegations of fact as true, the...

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