John L. Calhoun v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, Ga.

This appeal by a State of Georgia prisoner is from the denial by the district court of his petition for writ of ha-beas corpus. The district court found that appellant had deliberately bypassed an available state remedy and therefore concluded that his petition seeking federal review of his collateral attack upon his state convictions was not ripe for determination. We affirm on the failure to exhaust available state remedies principle. We find it unnecessary to reach the deliberate by-pass question.

Upon the denial of habeas corpus relief by the Tatnall County Superior Court, appellant filed…