RUCHELL MAGEE, APPELLANT,
v.
LOUIS F. NELSON, WARDEN, ET AL., RESPONDENTS

9th Cir. | 1968-08-16
No. 22250
400 F.2d 393 United States Court of Appeals for the Ninth Circuit (1968)
Cited by 5 cases

Opinion of the Court
MERRILL, Circuit Judge:

MERRILL, Circuit Judge:

This appeal, on motion of appellant, was severed from that in Gilmore v. California, No. 22,052A/F, in which our opinion has today been filed. The appeal is taken from the same order as was the Gilmore appeal — an order denying a motion for the convening of a three-judge court. Appellant in severing his appeal, has apparently done so in order to dissociate himself from the single issue which, in Gilmore, we found', to support three-judge-court jurisdiction,, and to confine his claim to what in Gilmore we described as “certain present practices allegedly followed at [the California State Penitentiary at] San Quentin which are not state-wide in application and not properly the subject of three-judge-court jurisdiction.”

Accordingly, as to appellant Magee the order of the District Court is affirmed.


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