CARR v. SIMPSON

No. 25822.

412 F.2d 838 (1969)

Cranston CARR, alias Crant Carr, Appellant, v. C. M. SIMPSON, Warden, Kilby Prison, Montgomery, Alabama, Appellee.

United States Court of Appeals Fifth Circuit.

June 5, 1969.


Attorney(s) appearing for the Case

Fred Blanton, Jr., Birmingham, Ala., for appellant.

Richard F. Calhoun, Asst. Atty. Gen., MacDonald Gallion, Atty. Gen. of Alabama, Marlin Mooneyham, Asst. Atty. Gen., Montgomery, Ala., for appellee.

Before JOHN R. BROWN, Chief Judge, and RIVES and McENTEE, Circuit Judges.


PER CURIAM:

When a state prisoner has not exhausted his state court remedies, a federal district court should not grant him a writ of habeas corpus. 28 U.S.C. 2254. It may, however, hold the application in abeyance, while affording the applicant a reasonable opportunity to exhaust his state court remedies.1 That course is sometimes preferable to a dismissal of the application.2 In the case sub judice...

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