443 F2d 1176 Scherer v. Hocker

443 F.2d 1176

James SCHERER, Petitioner and Appellant,
v.
Carl HOCKER, Warden, Nevada State Prison, Appellee.

No. 71-1565.

United States Court of Appeals, Ninth Circuit.

June 23, 1971.

Rehearing Denied August 13, 1971.

Appeal from the United States District Court for the District of Nevada; Bruce R. Thompson, Judge.

James Scherer, in pro. per.

Robert Lisst, Atty. Gen., Carson City, Nev., for appellee.

Before CHAMBERS, CARTER and WRIGHT, Circuit Judges.

PER CURIAM:

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1

The district court orders which are sought to be overturned here are affirmed.

2

The defendant is serving a state sentence after conviction of murder. No state appeal was taken.

3

There was no exhaustion or even a sustained pursuit of state remedies. The record belies his contention that access to the state courts was frustrated.