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.

PER CURIAM:


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.