United States Ex Rel. Charles Albert Holes, Relator-Appellant v. Vincent R. Mancusi, Warden of Attica State Prison, Attica, New York

MOORE, Circuit Judge:

This is an appeal from the dismissal without a hearing of a petition for a writ of habeas corpus, submitted to the United States District Court for the Northern District of New York, James T. Foley, Judge, and from an order denying reargument. Judge Foley granted leave to proceed in forma, pauperis on the appeal. The basis for Judge Foley’s decision rested largely upon this court in its en banc decisions in United States ex rel. Ross v. McMann, 409 F.2d 1016 (2d Cir.), cert. granted, 396 U.S. 813, 90 S.Ct. 65, 25 L.Ed.2d 67, dismissed as moot, 396 U.S. 118, 90 S.Ct. 395,…