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IN RE PHILLIPS

No. 97-646

133 F.3d 770 (1998)

In re Howard PHILLIPS, Petitioner. Page True, Warden; United States Board of Parole, Real Parties in Interest.

United States Court of Appeals, Tenth Circuit.

January 6, 1998.

ORDER

This is an original proceeding in the nature of mandamus. Petitioner seeks: 1) leave to proceed in this court without prepayment of costs or fees and 2) an order compelling the district court to hear and decide his pending petition for writ of habeas corpus, brought pursuant to 28 U.S.C. § 2241, case No. 95-CV-3465.

I.

We consider first the application for leave to proceed in forma pauperis. Pursuant to 28 U.S.C. § 1915, as amended...

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