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REED v. PEOPLE OF STATE OF MICHIGAN

Misc. No. 534.

398 F.2d 800 (1968)

Herbert REED, Petitioner, Appellee, v. PEOPLE OF the STATE OF MICHIGAN, Respondent, Appellant.

United States Court of Appeals Sixth Circuit.

August 7, 1968.

Attorney(s) appearing for the Case

Vincent F. Stapley, Asst. Pros. Atty., Jackson, Mich., for appellant.

John R. Weber, Marquette, Mich., for appellee.

Before CELEBREZZE, PECK and McCREE, Circuit Judges.

PER CURIAM.

Appellee, a successful habeas corpus petitioner in the United States District Court for the Western District of Michigan, has filed a motion in this Court to proceed in forma pauperis, to docket the appeal, and to dismiss the appeal for failure of the Appellant, the State of Michigan, to file a timely notice of appeal.

On April 8, 1968, the District Court entered an order discharging the Appellee from custody but providing "* * * that said discharge...

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