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BARTON v. MALLEY

No. 78-1531.

626 F.2d 151 (1980)

Jim Dean BARTON, Petitioner-Appellant, v. Clyde MALLEY, Warden; and Santos Quintana, Director Field Services Division, New Mexico Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided July 16, 1980.

Attorney(s) appearing for the Case

Tova Indritz, Asst. Federal Public Defender, Albuquerque, N. M., for petitioner-Appellant.

Andrea Buzzard, Asst. Atty. Gen., Santa Fe, N. M. (Toney Anaya, Atty. Gen., and Ralph W. Muxlow II, Asst. Atty. Gen., Santa Fe, N. M., on brief), for respondents-appellees.

Before HOLLOWAY, McWILLIAMS and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Jim Dean Barton (Barton) appeals the dismissal with prejudice of his petition for writ of habeas corpus. Barton is presently incarcerated in the New Mexico State Penitentiary. Exhaustion of available state remedies is not at issue.

Barton was originally convicted of armed robbery by a New Mexico state court in November, 1965. Prior to sentencing, he escaped from the San Juan County, New Mexico, jail. After his recapture, Barton was...

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