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MATTHESON v. KING

No. 83-3753.

721 F.2d 483 (1983)

Howard MATTHESON, Petitioner-Appellant, v. John T. KING, Secretary of the Department of Corrections and Ross Maggio, Jr., Warden, Louisiana State Penitentiary, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

December 6, 1983.

Attorney(s) appearing for the Case

Matthew Greenbaum, New Orleans, La., for petitioner-appellant.

William R. Campbell, Jr., Asst. Dist. Atty., New Orleans, La., for respondents-appellees.

Before REAVLEY, RANDALL and WILLIAMS, Circuit Judges.

BY THE COURT:

IT IS ORDERED that appellant's motions for a certificate of probable cause and for leave to appeal in forma pauperis are granted and the appeal is hereby docketed. The district court's dismissal of appellant's petition for a writ of habeas corpus under Rule 9(b) without a hearing and on the basis of what is, in effect, a one sentence order is reversed. The case is remanded to the district court with instructions to hold a hearing on the issue of abuse...

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