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UNITED STATES v. CAVELL

Misc. No. 2034.

148 F.Supp. 681 (1957)

UNITED STATES of America, ex rel. John C. ANDERSON v. Angelo CAVELL, Warden, Western State Penitentiary Pittsburgh 33, Pennsylvania.

United States District Court W. D. Pennsylvania.

January 14, 1957.

Attorney(s) appearing for the Case

Robert Grigsby, Pittsburgh, Pa., for relator, John C. Anderson.

Richard P. Steward, Dist. Atty., Beaver, Pa., for respondent.

MARSH, District Judge.

Relator filed a petition for a writ of habeas corpus and requested leave to proceed in forma pauperis. This request was granted, but because it was thought that the relator had not exhausted his state remedies, i.e., he had not applied to the Supreme Court of the United States for a writ of certiorari, Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761, the petition was dismissed.

Thereafter, relator...

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