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EATON v. CICCONE

No. 15863-4.

283 F.Supp. 75 (1966)

Eliza W. EATON, Petitioner, v. Dr. P. J. CICCONE, Warden, Respondent.

United States District Court W. D. Missouri, W. D.

February 4, 1966.

Attorney(s) appearing for the Case

Petitioner Eaton, pro se.

No Government attorney — Court ruled prior to Government's filing brief in opposition.

MEMORANDUM AND ORDER OVERRULING PETITION FOR WRIT OF MANDAMUS

ELMO B. HUNTER, District Judge.

Petitioner is presently confined in the Federal Medical Center, Springfield, Missouri. He has filed a petition for Writ of Mandamus, seeking leave to file in forma pauperis. Rule 81(b) F.R. Civ.P. abolishes the writ of mandamus. Therefore, the Court will treat this as a petition for writ of habeas corpus.

The gist of the petition is that petitioner is being...

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