Bernard Francis Doerflein v. John E. Bennett, Warden, Iowa State Penitentiary, Fort Madison, Iowa

This matter comes before this Court on application of the petitioner for a certificate of probable cause as the necessary precedent to file his in forma pauperis appeal from a denial of a writ of habeas corpus by the federal district court below. Petitioner also seeks appointment of counsel. The motion for appointment of counsel is denied; the application for a certificate of probable cause is granted. The Clerk is ordered to docket the appeal. This Court having reviewed the state proceedings and the district court file below further orders that the case be remanded to the district court…