Arthur L. Hamrick v. Mr. Frank C. Norton, Attorney, Betty J. Just, Clerk, District Courthouse, Saline County, Kansas

Tenth Circuit

Arthur L. Hamrick v. Mr. Frank C. Norton, Attorney, Betty J. Just, Clerk, District Courthouse, Saline County, Kansas

436 F.2d 940, 1971 U.S. App. LEXIS 12162

Court of Appeals for the Tenth Circuit·Decided January 28, 1971·No. 508-70_1·Published·Cited by 6 cases

Opinion

PER CURIAM.

Upon docketing in this court, Hamrick was informed that we were going to consider summary affirmance of the judgment of the district court. He has taken the opportunity afforded him to op *941 pose such disposition in a memorandum addressing the underlying merits.

A thorough examination of the files and records in this cause at this time convinces us that the judgment of the district court was correct in result and should be affirmed. See 322 F.Supp. 424 (D.C.Kan.1970). Additionally, the Civil Rights Act cannot be used by a state prisoner to circumvent the requirement of 28 U.S.C. § 2254 that state remedies must be exhausted. Smartt v. Avery, 411 F.2d 408 (6th Cir. 1969). See also Denney v. State of Kansas, 436 F.2d 587 (10th Cir. 1971).

Affirmed.

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PER CURIAM.

Upon docketing in this court, Hamrick was informed that we were going to consider summary affirmance of the judgment of the district court. He has taken the opportunity afforded him to op *941 pose such disposition in a memorandum addressing the underlying merits.

A thorough examination of the files and records in this cause at this time convinces us that the judgment of the district court was correct in result and should be affirmed. See 322 F.Supp. 424 (D.C.Kan.1970). Additionally, the Civil Rights Act cannot be used by a state prisoner to circumvent the requirement of 28 U.S.C. § 2254 that state remedies must be exhausted. Smartt v. Avery, 411 F.2d 408 (6th Cir. 1969). See also Denney v. State of Kansas, 436 F.2d 587 (10th Cir. 1971).

Affirmed.

Arthur L. Hamrick v. Mr. Frank C. Norton, Attorney, Betty J. Just, Clerk, District Courthouse, Saline County, Kansas, 436 F.2d 940, 1971 U.S. App. LEXIS 12162 (10th Cir. 1971).

Pincite

436 F.2d 940 (Arthur L. Hamrick v. Mr. Frank C. Norton, Attorney, Betty J. Just, Clerk, District Courthouse, Saline County, Kansas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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