Howard E. Leigh v. R. J. Gaffney, Warden, Kansas State Penitentiary, Lansing, Kansas
This text of 432 F.2d 923 (Howard E. Leigh v. R. J. Gaffney, Warden, Kansas State Penitentiary, Lansing, Kansas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Leigh was notified that the court was considering summary affirmance and appellee thereafter filed a motion to affirm. Leigh was afforded an opportunity to file a memorandum addressing the merits of the cause and opposing summary affirmance, which he has done. He has also filed a motion for appointment of counsel and for oral argument. These motions are denied.
From examination of the file and record in this case, it is manifest that the' single question presented, the necessity that Leigh first exhaust available state remedies before seeking federal habeas relief, is so unsubstantial as not to warrant further argument.
Accordingly, the motion of appellee is granted and the judgment of the district court is affirmed for the reasons stated in the Memorandum and Order of the district court, 318 F.Supp. 85 (D.Kan.1970).
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