Henry Clifford Byrd, Sr. v. Robert Martin, Warden, F.C.I., Talladega

Pro se petitioner Henry Byrd appeals from the district court’s dismissal, without prejudice, of his section 2254 habeas corpus petition. We agree that the dismissal was improper, and therefore we vacate the order dismissing the case, and remand for further proceedings.

On July 15, 1983, petitioner was convicted in federal court in North Carolina of making false declarations to a federal grand jury. He began serving his prison sentence in the Northern District of Alabama, where he is presently incarcerated. On January 30, 1984, Byrd pled guilty in North Carolina state court to four counts of…