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HOLMES v. GAGNON

No. 71-C-24.

324 F.Supp. 180 (1971)

Rodger F. HOLMES, Petitioner, v. John R. GAGNON, Warden, Respondent.

United States District Court, E. D. Wisconsin.

March 17, 1971.

Attorney(s) appearing for the Case

Rodger F. Holmes, pro se.

Robert P. Warren, Atty. Gen., Madison, Wis., for respondent.

ORDER

MYRON L. GORDON, District Judge.

The petitioner was convicted by a state court on February 23, 1970, of armed robbery in violation of §§ 939.05 and 943.32(1) (b), Wis.Stats. (1967), and he was sentenced to an indeterminate term of not more than five years. An order has been entered authorizing Mr. Holmes to proceed in forma pauperis.

Mr. Holmes challenges his conviction on the basis of the use of an unlawful line-up procedure at the...

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