CARPENTER v. YOUNG

No. 94-5056.

50 F.3d 869 (1995)

John Spencer CARPENTER, Petitioner-Appellant, v. L.L. YOUNG, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

March 20, 1995.


Attorney(s) appearing for the Case

John Spencer Carpenter, pro se.

Susan Brimer Loving, Atty. Gen. of Oklahoma, Alecia A. George, Asst. Atty. Gen., Oklahoma City, OK, for respondent-appellee.

Before BRORBY, LOGAN, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

Petitioner John Carpenter appeals the district court's order of February 14, 1994, dismissing his habeas petition, brought pursuant to 28 U.S.C. § 2254, for failure to exhaust his state remedies.1 The district court held that because petitioner had a pending direct criminal appeal in state court, he could not proceed in federal court. Petitioner argues, however, that the state's delay in adjudicating his appeal...

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