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ANTHONY v. LUTHER

No. C-C-74-220.

383 F.Supp. 827 (1974)

Charles ANTHONY, Petitioner, v. D. G. LUTHER and the State of North Carolina, Respondents.

United States District Court, W. D. North Carolina, Charlotte Division.

October 15, 1974.

ORDER

McMILLAN, District Judge.

Charles Anthony has petitioned for habeas corpus, alleging that he has been unconstitutionally denied credit against his sentence for time spent at large after his escape from a North Carolina prison.

Anthony does not allege exhaustion of state remedies, and the petition is therefore dismissed without prejudice because of this failure.

However, if he raises the point by a properly filed petition it should be...

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