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MOORE v. BETO

Civ. A. No. 70-H-752.

320 F.Supp. 469 (1970)

Sylvester Royce MOORE, Petitioner, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent.

United States District Court, S. D. Texas, Houston Division.

November 30, 1970.

Attorney(s) appearing for the Case

Sylvester Royce Moore, pro se.

Crawford D. Martin, Atty. Gen., Robert C. Flowers and Robert Darden, Asst. Attys. Gen., Austin, Tex., for defendant.

MEMORANDUM AND ORDER

NOEL, District Judge.

Petitioner, a prisoner in state custody, has filed a petition for the writ of habeas corpus. Respondent has filed an answer with state court pleadings attached and has moved to dismiss the petition. The motion to dismiss is well taken.

This Court has jurisdiction. 28 U.S. C. §§ 2241, 2254. The state concedes that available state remedies have been exhausted, and her concession is correct.

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