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UNITED STATES EX REL. BOYER v. PATTON

Civ. A. No. 77-166.

436 F.Supp. 881 (1977)

UNITED STATES of America ex rel. Robert Victor BOYER v. Ernest S. PATTON.

United States District Court, E. D. Pennsylvania.

September 6, 1977.

Attorney(s) appearing for the Case

Marc J. Sonnenfeld, Philadelphia, Pa., for petitioner.

John A. Kenneff, Asst. Dist. Atty., Lancaster, Pa., for Commonwealth.

OPINION

LUONGO, District Judge.

Before me for approval is the Report and Recommendation* of the United States Magistrate that relator be granted a writ of habeas corpus (28 U.S.C. § 2241 et seq.). Certain issues were disposed of by order prior to hearing and the only issues remaining in this case are whether relator is precluded from obtaining habeas corpus relief because he failed to appeal his state court conviction...

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