Chester L. Oughton v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas

The appellee has filed a motion for an order dismissing the appeal taken by the appellant on May 5, 1964. The grounds relied on by the appellee in support of his motion are that appellant’s inaction for such a long period of time is tantamount to an abandonment of his appeal and that since the appellant was, in May 1965, transferred from Leavenworth to the U. S. Penitentiary at McNeil Island, Washington, the action pending in this court is now moot.

Both grounds are without merit. On July 8, 1964, this court granted appellant’s motion to stay proceedings until further order of court. Appellant…