443 F. 2d 1176 - Scherer v. Hocker
443 F2d 1176 Scherer v. Hocker
443 F.2d 1176
James SCHERER, Petitioner and Appellant,
v.
Carl HOCKER, Warden, Nevada State Prison, Appellee.
No. 71-1565.
United States Court of Appeals, Ninth Circuit.
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:
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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.