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CHENAULT v. STYNCHCOMBE

No. 77-2501.

581 F.2d 444 (1978)

Marcus Wayne CHENAULT, Petitioner-Appellant, v. Leroy N. STYNCHCOMBE, Sheriff of Fulton County, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 3, 1978.

Attorney(s) appearing for the Case

Randy Bacote, Atlanta, Ga., for petitioner-appellant.

Lewis R. Slaton, Dist. Atty., Carter Goode, Allen Moye, Asst. Dist. Attys., Atlanta, Ga., for respondent-appellee.

Before WISDOM, TJOFLAT and VANCE, Circuit Judges.

WISDOM, Circuit Judge:

Marcus Wayne Chenault appeals a district court order denying certain portions of his habeas corpus petition. We remand to the district court with instructions to dismiss the petition without prejudice so that Chenault may exhaust state remedies.

I.

On Sunday morning, June 30, 1974, Chenault attended services at Ebenezer Baptist Church in Atlanta, Georgia. During the service, Chenault...

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