Court of Appeals for the Ninth Circuit

Walter Lee Ervin v. Hoyt C. Cupp, Warden

1969 U.S. App. LEXIS 12557 · 411 F.2d 990

May 2, 1969 · Docket 22917

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Opinion

ORDER DISMISSING APPEAL

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.