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HANKINS v. FULCOMER

No. 90-3766.

941 F.2d 246 (1991)

Harold Lee HANKINS, Appellant, v. Thomas FULCOMER, Superintendent, the Attorney General of the State of Pennsylvania, Common Pleas of Crawford County, District Attorney of Crawford County.

United States Court of Appeals, Third Circuit.

Decided August 13, 1991.

Attorney(s) appearing for the Case

Thomas S. White, Office of Federal Public Defender, Pittsburgh, Pa., for appellant.

Narcy L. Hughes, Office of Dist. Atty., Meadville, Pa., for appellee Dist. Atty. of Crawford County.

Before MANSMANN and SCIRICA, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Harold Lee Hankins, a state prisoner, appeals from the dismissal of his petition for a writ of habeas corpus. The district court, adopting the Report and Recommendation of the magistrate judge, dismissed the petition for failure to exhaust state remedies. Hankins contends that the district court erred by failing to find inordinate delay in state proceedings, which would excuse a lack of exhaustion.

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