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Da v. d H. JOHNSON, Appellant,

PER CURIAM.

This is an appeal from an order denying a petition for a writ of habeas corpus. Johnson, the applicant for the writ, sought discharge from confinement in the Utah State Prison, under a judgment of conviction for the offense of murder by a state court of Utah.

The only allegation in the petition, with respect to the exhaustion by Johnson of his remedies in the state courts of Utah, reads as follows: "Petitioner claims that he has exhausted remedy in the courts of the State of Utah."

At the oral argument it was conceded that Johnson had not filed a petition for certiorari in the Supreme Court of the United States, seeking review of any decision by a Utah court.

We conclude that there was no sufficient allegation or showing that Johnson had exhausted his state remedies.

Wild v. State of Oklahoma, 10 Cir., 187 F.2d 409, 410; Thompson v. Overlade, 7 Cir., 216 F.2d 492, 493.

It follows that the order below must be and it is affirmed.

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JOHNSON v. GRAHAM
(Nov 23, 1956)