PERRY v. BLACKLEDGE

No. 71-2198.

453 F.2d 856 (1971)

Jimmy Seth PERRY, Petitioner, v. Dr. Stanley BLACKLEDGE, Warden, Central Prison, Raleigh, North Carolina, and State of North Carolina, Respondents.

United States Court of Appeals, Fourth Circuit.

December 27, 1971.


Attorney(s) appearing for the Case

Jimmy Seth Perry, pro se.

Jacob L. Safron, Asst. Atty. Gen. of N.C., Raleigh, N.C., for respondents.

Before SOBELOFF and BRYAN, Senior Circuit Judges, and WINTER, Circuit Judge.


SOBELOFF, Senior Circuit Judge:

Petitioner here seeks review of the District Court's dismissal of his habeas corpus petition, brought under 28 U.S.C. § 2254, for failure to exhaust state remedies.

In 1969, Perry was brought to trial in the District Court for Northampton County on a misdemeanor charge—assaulting a fellow inmate at the Odem Farm Unit of the North Carolina Department of Corrections. Upon being convicted, petitioner was sentenced to...

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