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PACE v. CLARK

No. 71-2539.

453 F.2d 411 (1972)

Ernest Calvin PACE, Petitioner-Appellant, v. J. J. CLARK, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 11, 1972.

Attorney(s) appearing for the Case

Ernest Calvin Pace, pro se.

John W. Stokes, Jr., U. S. Atty., Anthony M. Arnold, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

Ernest Calvin Pace, a federal prisoner, filed a petition for the writ of habeas corpus in the court below, seeking credit on his federal sentence for the time he spent in a state jail, allegedly unable to make bond due to the presence of a federal detainer. The district court dismissed the petition to allow exhaustion of administrative remedies.

The trial judge's ruling was correct. Resort to the courts in matters of this kind are probably unnecessary...

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