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MOORE v. SMITH

Undocketed.

164 F.2d 483 (1947)

MOORE v. SMITH, Superintendent of Washington State Penitentiary.

Circuit Court of Appeals, Ninth Circuit.

November 10, 1947.

Attorney(s) appearing for the Case

Percy Moore, in pro. per., for petitioner.

No other appearances.

Before GARRECHT, HEALY, and BONE, Circuit Judges.

PER CURIAM.

The petitioner prays that he be permitted to prosecute his application in this court for a writ of habeas corpus in forma pauperis.

This court cannot entertain an application for a writ of habeas corpus, in forma pauperis or otherwise, "except in aid of its appellate jurisdiction." Thompson v. Smith, 9 Cir., 161 F.2d 728.

There is no appellate jurisdiction, either actual or potential, involved in this case...

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