United States of America Ex Rel. Fred Hunter v. Joseph D. Bibb, Director, Etc.

FINNEGAN, Circuit Judge.

Hunter’s petition for a writ of habeas corpus was dismissed by the district court because: (1) he had not exhausted his state court remedies and, (2) of the pendency of Illinois post-conviction proceedings. Ill.Rev.Stat.1957, chap. 38, par. 826 et seq. When he appealed to this court respondent, relying on the absence of a certificate of probable cause, moved for dismissal and we took that motion with the case. See 28 U.S.C. § 2253; Joyner v. Parkinson, 7 Cir., 1955, 227 F.2d 505. Subsequently we appointed counsel for Hunter who contends that the allegations in the…