Smith v. Atkins

MEMORANDUM AND ORDER TO SHOW CAUSE

SAFFELS, District Judge.

On August 20,1980, this Court entered an Order dismissing without prejudice the above-captioned petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 for failure to exhaust the available state post-conviction remedy. Petitioner appealed the order of dismissal to the United States Court of Appeals for the Tenth Circuit. In a published opinion, the Circuit Court of Appeals reversed and remanded the cause to this Court for “reevaluation” of the issues presented in light of the exhaustion principles announced therein. Smith…