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DOCTOR v. WALTERS

No. 95-3484.

96 F.3d 675 (1996)

Gary Lee DOCTOR, Appellant, v. Gilbert A. WALTERS, Appellee.

United States Court of Appeals, Third Circuit.

Decided September 24, 1996.

Sur Petition for Rehearing November 4, 1996.

Attorney(s) appearing for the Case

Shelley Stark (argued), Karen S. Gerlach, Federal Public Defender, Pittsburgh, PA, for Appellant.

Robert E. Colville, District Attorney, Kemal Alexander Mercili, Russel Broman, Thomas N. Farrell, (argued), Assistant District Attorneys, Office of District Attorney, Pittsburgh, PA, for Appellee.

Before: SCIRICA, ROTH, Circuit Judges, and O'NEILL, District Judge.

OPINION OF THE COURT

O'NEILL, District Judge:

Petitioner Gary Doctor appeals the dismissal of his petition for a writ of habeas corpus. The court below dismissed the petition because: (1) Doctor failed to exhaust his state remedies; and (2) the Pennsylvania courts refused to consider the merits of his direct appeals based on an independent and adequate state procedural rule. We conclude that Doctor did not exhaust his state remedies and that it would not...

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