-
Kenneth SAILER, Petitioner-Appellant,
v.
Walter E. CRAVEN, Warden, Respondent-Appellee.No. 71-1676.
United States Court of Appeals,
Ninth Circuit.May 22, 1972.
Lawrence J. Koncz, San Francisco, Cal., for petitioner-appellant.
Evelle J. Younger, Atty. Gen., Edward T. Fogel, Jr., Russell Iungerich, Deputy Attys. Gen., Doris H. Maier, Herbert L. Ashby, Asst. Attys. Gen., Los Angeles, Cal., for respondent-appellee.
Before CHAMBERS, ELY and HUFSTEDLER, Circuit Judges.
PER CURIAM:
1In this state habeas corpus case, the district court dismissed the petition for failure to exhaust state remedies.
2Thereupon, Sailer took this federal appeal. Also, he went back to the state court where he obtained no relief. The appellee concedes that he has now exhausted his state remedies and that the federal constitutional issues are presented for consideration in a new habeas corpus petition now filed by Sailer in the District Court.
3One arrow in the quiver has to go. We conclude it is this appeal.
4The appeal is dismissed.
Document Info
Docket Number: 71-1676
Citation Numbers: 458 F.2d 1362
Judges: Chambers, Ely, Huf-Stedler, Per Curiam
Filed Date: 5/22/1972
Precedential Status: Precedential
Modified Date: 8/4/2023