MURRAY ARTHUR ANTHONY MURPHY, APPELLANT,
v.
LAWRENCE E. WILSON, WARDEN, STATE OF CALIFORNIA, ET AL., APPELLEES

9th Cir. | 1969-03-25
No. 22686
Before HAMLEY, HAMLIN and HUFSTEDLER, Circuit Judges.
409 F.2d 840 United States Court of Appeals for the Ninth Circuit (1969) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

Murray A. A. Murphy appeals from a district court order denying, without prejudice, his application for a writ of habeas corpus. Murphy asserts that in connection with his conviction of burglary by a California' court on May 19, 1965, his constitutional rights were violated.

At the time Murphy applied for a writ of habeas corpus his appeal from the 1965 state conviction was pending in the California Court of Appeal. Murphy alleged, however, that he was being deprived of a complete record necessary to prosecute that appeal. He accordingly asked that the federal habeas corpus proceeding serve as a “full replacement” of the state appeal, and that a complete record on appeal be provided, and for related relief. The trial court correctly denied the application for a writ since Murphy had not exhausted his available state remedies. He will not have exhausted his available state remedies until the state appeal proceedings have been completed and a final state judgment has been entered. Federal habeas corpus does not afford a means of transferring pending state criminal proceedings to a federal court.

Affirmed.


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