James Scherer, Petitioner and Appellant, v. Carl Hocker, Warden, Nevada State Prison, Appellee, 443 F.2d 1176 (9th Cir. 1971)

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U.S. Court of Appeals for the Ninth Circuit - 443 F.2d 1176 (9th Cir. 1971) 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.


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

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

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.