FRANKLIN v. ROSE

No. 84-5313.

765 F.2d 82 (1985)

Marty O'Shea FRANKLIN, Petitioner-Appellant, v. James ROSE, Warden of Tennessee State Penitentiary, and State of Tennessee, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 21, 1985.


Attorney(s) appearing for the Case

Marty O'Shea Franklin, pro se.

William Farmer, Federal Public Defender, Robert L. Tucker (argued), Nashville, Tenn., for petitioner-appellant.

William M. Leech, Atty. Gen. of Tennessee, Jerry L. Smith (argued), Nashville, Tenn., for respondents-appellees.

Before JONES and KRUPANSKY, Circuit Judges, and EDWARDS, Senior Circuit Judge.


PER CURIAM.

Petitioner Marty O'Shea Franklin appeals from the district court's summary dismissal of his habeas petition, filed pursuant to 28 U.S.C. § 2254. Franklin seeks remand to the district court rather than issuance of a writ. Upon consideration of the record, we agree that remand is appropriate.

On August 26, 1983, Franklin filed his pro se petition for habeas corpus. He used the printed form petition provided by the district court for persons...

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