Opinion
No. 72-3634.
December 15, 1972.
Robert Stroup, pro se.
William J. Schloth, U.S. Atty., Macon, Ga., for respondent-appellee.
Appeal from the United States District Court for the Middle District of Georgia; J. Robert Elliott, Chief Judge.
Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.
It is ordered that the petitioner's motion for leave to appeal in forma pauperis is granted, and the judgment below is summarily vacated and the cause remanded for further proceedings on the merits. Thomas v. United States, 5th Cir. 1972, 460 F.2d 1222; Juelich v. United States, 5th Cir. 1961, 300 F.2d 381.
It is appropriate to dispose of this case summarily. See Groendyke Transportation, Inc. v. Davis, 5 Cir., 1969, 406 F.2d 1158.