Black v. Peyton

OPINION AND JUDGMENT

DALTON, Chief Judge.

This case comes before this court on a petition for a writ of habeas corpus filed in forma pauperis by Owen Darrell Black, a state prisoner, pursuant to the provisions of 28 U.S.C. § 2241. This court had previously dismissed petitioner’s application on the grounds that there was no verified showing that petitioner had exhausted his state remedies. The dismissal was without prejudice and was dated March 23, 1968. An appeal was taken to the United States Court of Appeals for the Fourth Circuit. By a memorandum decision, filed September 20, 1968, the order…