Legal Opinion

United States ex rel. Herwegh-E 6043 v. Pennsylvania

District Court, E.D. Pennsylvania

Decided November 7, 1968No. Misc. No. M-4171PublishedCited by 3 opinions

1Opinion of the Court

WEINER, District Judge.

Relator’s petition under the Pennsylvania Post Conviction Act was dismissed without a hearing on August 16, 1968. No appeal was taken from that decision. Relator has therefore failed to exhaust his state court remedies as required by 28 U.S.C. § 2254.

ORDER

Upon consideration of relator’s Petitions for Writ of Habeas Corpus, Writ of Mandamus and For Leave to File and Proceed in Forma Pauperis, they will be DENIED without prejudice for failure to exhaust state court remedies as required by 28 U.S.C. § 2254.

It is so ordered.

On Petition for Reconsideration.

On November 7,…

2Cases cited3 opinions

  1. Perin v. GochnauerSuperior Court of Pennsylvania · 1953
  2. Southwest Philadelphia Plumbing Supply v. CatanzaroSuperior Court of Pennsylvania · 1956
  3. United States ex rel. Shelton v. RundleDistrict Court, E.D. Pennsylvania · 1968

3Cited by3 opinions

  1. Moore v. FulcomerDistrict Court, E.D. Pennsylvania · 1985
  2. United States of America Ex Rel. Charles George Herwegh v. Commonwealth of PennsylvaniaCourt of Appeals for the Third Circuit · 1970
  3. United States ex rel. Walker v. Philadelphia County Criminal CourtsDistrict Court, E.D. Pennsylvania · 1971

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