WALTER LEE ERVIN, APPELLANT,
v.
HOYT C. CUPP, WARDEN, APPELLEE
WALTER LEE ERVIN, APPELLANT,
HOYT C. CUPP, WARDEN, APPELLEE
411 F.2d 990
United States Court of Appeals for the Ninth Circuit (1969)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM:
The appeal is dismissed.
This case began with a state conviction. It was affirmed on appeal. State v. Ervin, 241 Or. 475, 406 P. 2d 901 (1965).
Next Ervin files in federal district court asserting many points never submitted at any time.
Oregon has post-conviction remedies, but no attempt has been made to use them.
Duty requires us to interfere with state process from time to time, but in this ease obviously not yet.
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Sell v. Parratt, 548 F.2d 753 (8th Cir. 1977)
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Howard v. Swenson, 426 F.2d 277 (8th Cir. 1970)
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Sullivan v. Sgt. Ford, 609 F.2d 197 (5th Cir. 1980)
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