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LOWE v. DUCKWORTH

No. 81-1745.

663 F.2d 42 (1981)

Thad Douglas LOWE, Petitioner-Appellant, v. Jack DUCKWORTH, Warden, Indiana State Prison, and Theodore Sendak, Attorney General, State of Indiana, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 9, 1981.

Attorney(s) appearing for the Case

Carlton Lowe, Park Forest South, Ill., for petitioner-appellant.

David A. Arthur, Deputy Atty. Gen., Indianapolis, Ind., for respondents-appellees.

Before PELL, SPRECHER, and CUDAHY, Circuit Judges.

PELL, Circuit Judge.

Petitioner Thad Douglas Lowe appeals from the district court's dismissal of his petition for a writ of habeas corpus. The district court dismissed the petition for failure to exhaust state remedies. When Lowe filed his petition in district court, his post-conviction relief motion1 was still pending in state court. Lowe argued to the district court that, notwithstanding the pendency of the state court proceeding, his...

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