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WADE v. BELL

No. 79-8026.

591 F.2d 351 (1979)

Johnny Eugene WADE, Petitioner, v. Honorable Griffin BELL, Attorney General of the United States, Respondent.

United States Court of Appeals, Fifth Circuit.

February 28, 1979.

Attorney(s) appearing for the Case

Jeffie J. Massey, Dallas, Tex., for petitioner.

Arnaldo N. Cavazos, Jr., Asst. U. S. Atty., Dallas, Tex., for respondent.

Before CLARK, GEE and HILL, Circuit Judges.

BY THE COURT:

IT IS ORDERED that the petitioner's application for leave to appeal in forma pauperis is DENIED as frivolous. We take occasion to reiterate that, under Lundy v. Osborn, 555 F.2d 534 (5th Cir. 1977), the proper disposition of such petitions as Wade's is dismissal for failure to exhaust the administrative remedies provided by Bureau of Prisons Policy Statement 2001.6A. Since the court below erroneously reached the...

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