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WAGNER v. HOLMES

Misc. Docket.

361 F.Supp. 895 (1973)

Ed WAGNER, Jr., et al., Plaintiffs, v. Charles J. HOLMES, Commissioner, Department of Corrections and Henry E. Cowan, Superintendent, Kentucky State Penitentiary, Defendants.

United States District Court, E. D. Kentucky, Frankfort Division.

August 1, 1973.

Attorney(s) appearing for the Case

Ed Wagner, Jr., pro se.

Ed W. Hancock, Atty. Gen., Com. of Kentucky, Frankfort, Ky., for defendants.

MEMORANDUM

SWINFORD, District Judge.

Wagner, an inmate confined in the Kentucky State Prison at Eddyville, seeks leave to proceed in forma pauperis in this action assailing the constitutionality of K.R.S. 197.140:

"No prisoner who is serving a sentence for rape, attempted rape, detaining a woman against her will, or who has escaped or attempted to escape from an adult correctional institution within the past five years, or who has been convicted...

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