United States ex rel. Rought v. Pike County

MEMORANDUM AND ORDER VACATING PRIOR ORDER

HIGGINBOTHAM, District Judge.

Relator previously filed a petition here claiming that he had filed a petition under the Pennsylvania Post Conviction Hearing Act, 19 Pa.Stat.Ann. § 1180-1 et seq. (1966) in Pike County, Pennsylvania, on March 31, 1966, but that he had received no response.

On December 8, 1967, I issued an Order dismissing for failure to exhaust state remedies in which I stated:

“* * * He has not indicated anywhere in his petition that he has sought redress from this delay through the normal state appellate procedures.

“A copy of this Order…