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CLICK v. STATE OF OHIO

No. 15227.

319 F.2d 855 (1963)

Curtis R. CLICK, Petitioner-Appellant, v. STATE OF OHIO, C. B. Leonard, Acting Superintendent, London Correctional Institution, Respondents-Appellees.

United States Court of Appeals Sixth Circuit.

July 5, 1963.

Attorney(s) appearing for the Case

Curtis R. Click, in pro. per.

John Cianflona, Asst. Atty. Gen., Columbus, Ohio, William Saxbe, Atty. Gen., William C. Baird, Asst. Atty. Gen., Columbus, Ohio, on brief, for appellees.

Before WEICK and O'SULLIVAN, Circuit Judges, and BROOKS, District Judge.

PER CURIAM.

Appellant Curtis R. Click, a state prisoner, appeals from an order of the United States District Court for the Southern District of Ohio, Eastern Division, dismissing his application for a writ of habeas corpus for failure to exhaust state remedies. At the time his application was denied he had pending in the Supreme Court of Ohio a habeas corpus proceeding which had not been passed upon. The state application was filed on May 28, 1962, and the federal...

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