MONTGOMERY v. CALDWELL

No. 72-1567.

457 F.2d 767 (1972)

Henry Lewis MONTGOMERY, Petitioner-Appellant, v. E. B. CALDWELL, etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 24, 1972.


Attorney(s) appearing for the Case

Henry L. Montgomery, pro se.

Arthur K. Bolton, Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before BELL, DYER and CLARK, Circuit Judges.


PER CURIAM:

This case is before us on Montgomery's application for a certificate of probable cause and leave to appeal in forma pauperis pursuant to 28 U.S.C. § 2253, Rule 22(b) Federal Rules of Appellate Procedure and 28 U.S.C. § 1915. The district court peremptorily denied his petition for the writ of habeas corpus on the ground that he had failed to exhaust his available state remedies as required in 28 U.S.C. § 2254. We grant the application for...

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