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RICHARDSON v. TURNER

No. 83-6194.

716 F.2d 1059 (1983)

Norbert Glenn RICHARDSON, Appellant, v. Major B.F. TURNER, Rufus Ligh Edmisten, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 9, 1983.

Attorney(s) appearing for the Case

Norman B. Smith, Smith, Patterson, Follin, Curtis, James, & Harkavy, Greensboro, N.C., for appellant.

Rufus L. Edmisten, Atty. Gen., Raleigh, N.C. (Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N.C., on brief), for appellees.

Before PHILLIPS, SPROUSE, and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

Norbert Glenn Richardson appeals from the United States District Court for the Eastern District of North Carolina wherein his petition for habeas corpus was denied. Before this court, Richardson argues that the district court should not have adjudicated his claims, but rather should have dismissed his petition for failure to exhaust his state remedies. We agree and reverse and remand for dismissal.

I.

In October, 1977, Richardson...

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