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SMITH v. HIXON

Civ. A. No. 1619.

149 F.Supp. 283 (1957)

Sidney C. SMITH, Petitioner, v. S. W. HIXON, Warden, Atmore State Prison, Atmore, Alabama, Respondent.

United States District Court S. D. Alabama, S. D.

February 25, 1957.

Attorney(s) appearing for the Case

Sidney C. Smith, pro se.

John Patterson, Atty. Gen., of Alabama, Bernard F. Sykes, Asst. Atty. Gen., of Alabama, Winston Huddleston, Supernumerary Sol. of Alabama, Wetumpka, for respondent.

THOMAS, District Judge.

This is petitioner's fourth attempt to obtain a hearing in the United States District Court for the Southern District of Alabama under 28 U.S.C.A. § 2254.1 The cause is presently before the court on motion of respondent S. W. Hixon, Warden, and the State of Alabama to dismiss the current petition as amended for failure of petitioner to exhaust his state court remedies. The motion to dismiss was filed in response...

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