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HERRERA v. PAYNE

Nos. 82-1113, 82-1114.

673 F.2d 307 (1982)

Timothy HERRERA, Petitioner, v. Honorable H. Vearle PAYNE, United States District Judge, Respondent. Jessie J. TRUJILLO, Petitioner, v. Honorable H. Vearle PAYNE, United States District Judge, Respondent.

United States Court of Appeals, Tenth Circuit.

March 12, 1982.

Attorney(s) appearing for the Case

Reber Boult, Asst. Federal Public Defender, Albuquerque, N. M., for petitioners.

Jeff Bingaman, Atty. Gen., and Eddie M. Gallegos, Asst. Atty. Gen., State of N. M., Santa Fe, N. M., for respondent.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

PER CURIAM.

The question presented in these petitions for writs of mandamus is whether a statement of reasons is required by Fed.R.App.P. 22(b) when a district court denies a certificate of probable cause. See 28 U.S.C. §§ 2253, 2254.

Following the dismissal of Mr. Herrera's and Mr. Trujillo's petitions for habeas corpus relief, District Court Case Nos. 80-977 P and 81-438 P, the district court in...

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