CALHOUN v. SMITH

No. 71-1469 Summary Calendar.

447 F.2d 1356 (1971)

John L. CALHOUN, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Ga., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 9, 1971.


Attorney(s) appearing for the Case

John Lee Calhoun, pro se.

Arthur K. Bolton, Atty. Gen. of Georgia, Mathew Robins, Asst. Atty. Gen., Atlanta, Ga., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.


PER CURIAM:

This appeal by a State of Georgia prisoner is from the denial by the district court of his petition for writ of habeas corpus. The district court found that appellant had deliberately bypassed an available state remedy and therefore concluded that his petition seeking federal review of his collateral attack upon his state convictions was not ripe for determination. We affirm on the failure to exhaust available state remedies principle. We find it unnecessary...

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