Opinion
No. 8761.
Submitted May 7, 1945.
Decided May 28, 1945.
Appeal from the District Court of the United States for the Western District of Pennsylvania; Robert M. Gibson, Judge.
Habeas corpus proceeding by the United States on the relation of Raymond Dugan, against Stanley P. Ashe, Warden, State Penitentiary, Western District of Pennsylvania. From a judgment of the District Court, 57 F. Supp. 158, denying petition for the writ of habeas corpus, the relator appeals.
Affirmed.
Russell H. Adams, Dist. Atty., of Pittsburgh, Pa., for the Commonwealth of Pennsylvania.
Raymond Dugan pro se.
Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.
The order of the court below is affirmed because of the failure of the appellant to exhaust the rights of review provided by state law. Powell v. Meyer, 3 Cir., 147 F.2d 606; Sanderlin v. Smyth, 4 Cir., 138 F.2d 729, 731.