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ERVIN v. CUPP

No. 22917.

411 F.2d 990 (1969)

Walter Lee ERVIN, Appellant, v. Hoyt C. CUPP, Warden, Appellee.

United States Court of Appeals Ninth Circuit.

May 2, 1969.

Attorney(s) appearing for the Case

Evelyn N. Scott (argued), Salem, Or., for appellant.

David H. Blunt (argued), Asst. Atty. Gen., Robert Y. Thornton, Atty. Gen., Salem, Or., for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and BEEKS, District Judge.

ORDER DISMISSING APPEAL

PER CURIAM:

The appeal is dismissed.

This case began with a state conviction. It was affirmed on appeal. State v. Ervin, 241 Or. 475, 406 P.2d 901 (1965).

Next Ervin files in federal district court asserting many points never submitted at any time.

Oregon has post-conviction remedies, but no attempt has been made to use them.

Duty requires...

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