Court of Appeals for the Tenth Circuit January 19, 1967, 7757_1 (Chester L. Oughton v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas)

PER CURIAM.

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.