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DUTTRY v. SCIP SUPERINTENDENT PETSOCK

No. 89-3352.

878 F.2d 123 (1989)

James A. DUTTRY, P-4044, Appellant, v. SCIP SUPERINTENDENT PETSOCK and The Attorney General of the Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided June 29, 1989.

As Amended August 16, 1989.

Attorney(s) appearing for the Case

James A. Duttry, Pittsburgh, Pa., pro se.1

Before SLOVITER, SCIRICA and NYGAARD, Circuit Judges.

Submitted Pursuant to Third Circuit Rule 12(6), June 8, 1989.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Appellant James A. Duttry appeals from the district court's order denying his petition for a writ of habeas corpus for failure to exhaust state remedies as required by 28 U.S.C. § 2254(b). It appears that the district court entered its order on exhaustion without obtaining the state court record. Because we conclude that in this case the...

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