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GEORGE v. SEABOLD

No. 89-5711.

909 F.2d 157 (1990)

Roy Karem GEORGE, Petitioner-Appellee, v. William C. SEABOLD, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 20, 1990.

Rehearing and Rehearing Denied September 10, 1990.

Attorney(s) appearing for the Case

Jerome E. Wallace (argued), Louisville, Ky., for petitioner-appellee and Roy Karem George, Eddyville, Ky., petitioner-appellee, pro se.

Valerie L. Salven, Asst. Atty. Gen. (argued) and Frederic J. Cowan, Atty. Gen., Office of the Atty. Gen. of Kentucky, Frankfort, Ky., for respondent-appellant.

Before MERRITT, Chief Judge, and GUY and NORRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 10, 1990.

MERRITT, Chief Judge.

In this habeas corpus action, the warden appeals the District Court's partial granting of the writ. The petitioner, Roy George, has raised a serious due process claim with respect to his sentence, but because the petitioner has failed to exhaust his state remedies with respect to this due process claim, we reverse the District Court's judgment and remand with instructions to dismiss...

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