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UNITED STATES v. MYERS

Misc. No. 3104.

250 F.Supp. 460 (1966)

UNITED STATES of America ex rel. LeRoy SMITH H-2149 v. David N. MYERS.

United States District Court E. D. Pennsylvania.

February 23, 1966.

Attorney(s) appearing for the Case

John Francis Gough, Philadelphia, Pa., Court-appointed, for petitioner.

George J. Joseph, Dist. Atty., Wardell F. Steigerwalt, Asst. Dist. Atty., Allentown, Pa., for respondent.

JOSEPH S. LORD, III, District Judge.

We are met preliminarily with a problem of exhaustion since the petitioner took no appeal from the denial of his state habeas corpus petition. A federal district court is justified in refusing to entertain a state prisoner's habeas corpus petition on the ground of failure to exhaust state remedies no longer open only where there has been a deliberate bypassing of state procedures. Fay...

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