Kirby v. Cox

OPINION AND JUDGMENT

DALTON, Chief Judge.

Petitioner Robert Woodford Kirby seeks relief from imprisonment by petitioning this court to issue a writ of habeas corpus. By order dated June 2, 1969, this court granted a transfer of petitioner’s petition from the United States District Court for the Eastern District of Virginia to the United States District Court for the Western District of Virginia. The petition was dismissed for a failure to exhaust all available state court remedies on the 17th of June, 1969. Shortly thereafter, petitioner Kirby was granted an appeal of this court’s ruling. The…