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ROSS v. CRAVEN

No. 72-2814.

478 F.2d 240 (1973)

Raymond ROSS, Appellant, v. Walter E. CRAVEN, Appellee.

United States Court of Appeals, Ninth Circuit.

May 4, 1973.

Attorney(s) appearing for the Case

Raymond Ross, in pro. per.

Evelle J. Younger, Atty. Gen., S. Clark Moore, Russel Iungerich, Cynthia Waldman, Deputy Attys. Gen., Los Angeles, Cal., for appellee.

Before HUFSTEDLER, TRASK and CHOY, Circuit Judges.

PER CURIAM:

Ross's federal habeas petition was dismissed on the ground that he failed to exhaust his state remedies. Ross pursued his direct attack through the California appellate system to a denial of hearing by the California Supreme Court. His habeas petition filed in the California Supreme Court was denied on the merits. He had no more state remedies.

The dismissal order appears to have been based on two erroneous assumptions: (1) Ross did not exhaust...

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