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BEAVERS v. BALKCOM

No. 80-7018.

636 F.2d 114 (1981)

Herman Everett BEAVERS, Petitioner-Appellant, v. Charles R. BALKCOM, Warden et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

February 5, 1981.

Attorney(s) appearing for the Case

Macey & Zusmann, James W. Penland, Atlanta, Ga., for petitioner-appellant.

Harrison Kohler, Michael R. Johnson, Asst. Attys. Gen., Atlanta, Ga., for respondents-appellees.

Before GEWIN, MORGAN and RONEY, Circuit Judges.

GEWIN, Circuit Judge:

Appellant Beavers appeals from the judgment of the United States District Court for the Northern District of Georgia, which denied his petition for habeas corpus relief made pursuant to 28 U.S.C. § 2254. We vacate and remand for dismissal without prejudice because the issue argued on this appeal has not been presented to the state court.

Beavers was indicted on a charge of burglary in 1973...

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