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BROWN v. ROSE

Civ. A. Nos. 2971, 2972.

378 F.Supp. 902 (1973)

James Sonny BROWN, Petitioner, v. Jim ROSE, etc., Respondent. William Terry JOHNSON, Petitioner, v. Jim ROSE, etc., Respondent.

United States District Court, E. D. Tennessee, Northeastern Division.

January 18, 1973.

Attorney(s) appearing for the Case

Gerald Richard Johnson (designated), Johnson City, Tenn., for petitioners.

R. Jackson Rose, Asst. Atty. Gen., of Tenn., Nashville, Tenn., for respondent.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

A writ of habeas corpus was granted in each of these proceedings, when the respondent failed to make timely response to respective orders therein to show cause why the writ should not issue. See memorandum opinion and order herein of December 29, 1972. On January 5, 1973, the respondent moved that the writs be discharged because of the failure of each respective petitioner to exhaust available state remedies...

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