Drake v. Wyrick

MEMORANDUM AND ORDER DENYING PETITIONER’S MOTION TO VACATE, SET ASIDE OR CORRECT ORDER DISMISSING WITHOUT PREJUDICE

JOHN W. OLIVER, District Judge.

On May 17, 1976, the Court directed that respondent reply to petitioner’s motion to vacate, set aside or correct the order denying the petition for writ of habeas corpus without prejudice for failure to exhaust available state court remedies. Respondent has now filed its reply which clearly establishes that petitioner still has an available state court remedy. Petitioner has also filed a “Traverse” to the state’s reply which we have considered. For…