U.S. Court of Appeals for the Ninth Circuit, 1972

Tracy Weldon Bosley v. Carl C. Hocker, Warden

Tracy Weldon Bosley v. Carl C. Hocker, Warden
U.S. Court of Appeals for the Ninth Circuit · Decided July 13, 1972 · Koelsch, Ely, Turrentine
460 F.2d 1064 (Federal Reporter, Second Series)

Counsel

Tracy Weldon Bosley, in pro. per., Harvey Dickerson, Atty. Gen., Carson City, Nev., for defendant-appellee.

Tracy Weldon Bosley v. Carl C. Hocker, Warden

Opinion

460 F.2d 1064

Tracy Weldon BOSLEY, Plaintiff-Appellant,
v.
Carl C. HOCKER, Warden, Defendant-Appellee.

No. 26052.

United States Court of Appeals,
Ninth Circuit.

June 20, 1972.
Rehearing Denied July 13, 1972.

Tracy Weldon Bosley, in pro. per.

Harvey Dickerson, Atty. Gen., Carson City, Nev., for defendant-appellee.

Before KOELSCH and ELY, Circuit Judges, and TURRENTINE, District Judge.*

PER CURIAM:

1

The issues presented upon this appeal are identical to those which were recently resolved by our court in Mathis v. Hocker, 459 F.2d 988 (9th Cir. 1972). We are bound by that decision (see Etcheverry v. United States, 320 F.2d 873, 874 (9th Cir. 1963)); hence, the judgment of the District Court in this case is

2

Affirmed.

ELY, Circuit Judge (concurring):

3

Under the compulsion of Mathis, I concur in the result. At the same time, however, I record my disagreement with the Mathis result and with some of the reasoning that produced it.

*

Honorable Howard B. Turrentine, United States District Judge, San Diego, California, sitting by designation

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