Sidney C. Smith v. S. W. Hixon, Warden, Atmore State Prison, Atmore, Alabama

RIVES, Circuit Judge.

This appeal is from a judgment sustaining a motion to dismiss a petition for habeas corpus. The facts are fully set forth in two able opinions of the district court, the first dismissing an earlier petition without prejudice, 142 F.Supp. 302, and the second giving the petitioner thirty days

“within which to amend his petition to show facts, if any there be, which would excuse his failure to pursue his appellate remedy from the judgment of conviction.” Smith v. Hixon, 149 F.Supp. 283, 289.

Pursuant to such permission, the petitioner amended by adding the following among…