People of State of New York ex rel. Epps v. Nenna

EDELSTEIN, District Judge.

On October 31, 1962, this court denied petitioner’s application for a writ of habeas corpus on the ground that petitioner had failed to exhaust his available state remedies. 28 U.S.C. § 2254 (1952); Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761 (1950). Petitioner now seeks to appeal the denial of the writ and has applied for a certificate of probable cause. 28 U.S.C. § 2253.1

This court’s previous denial of the writ was predicated on petitioner’s admission in his moving papers that the appeal from his New York State conviction was pending before the…