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GAINEY v. TURNER

Civ. No. 1792.

266 F.Supp. 95 (1967)

Rufus GAINEY v. R. L. TURNER, Successor to K. B. Bailey, Warden, Central Prison, Raleigh, North Carolina.

United States District Court E. D. North Carolina, Raleigh Division.

March 27, 1967.

Attorney(s) appearing for the Case

Rufus Gainey, pro se.

T. Wade Bruton, Atty. Gen. of North Carolina, by Theodore C. Brown, Jr., Staff Atty., Raleigh, N. C., for respondent.

OPINION AND ORDER

BUTLER, Chief Judge.

The application of Rufus Gainey, a state prisoner, for writ of habeas corpus in forma pauperis was denied as frivolous without requiring an answer by the respondents and without a plenary hearing. Gainey appealed and the Fourth Circuit Court of Appeals by memorandum decision1 remanded for two purposes:

1. For a determination of whether...

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