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UNITED STATES EX REL. KIRK v. KIRKPATRICK

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


May 6, 1971

UNITED STATES of America ex rel. Jonathan KIRK, a Minor
v.
Brother James KIRKPATRICK, St. Gabriel's Hall, Phoenixville, Pa.

Body, District Judge.

The opinion of the court was delivered by: BODY

MEMORANDUM

BODY, District Judge.

 Before the Court is the request of Jonathan Kirk, a minor, for a writ of habeas corpus.

 Relator, who is fifteen years old, was adjudged a delinquent in the Court of Common Pleas, Juvenile Court Division, of Delaware County, Pennsylvania, and committed by order of the court to St. Gabriel's Hall on August 11, 1970. Relator, who is now at St. Gabriel's Hall, must remain there from nine to fourteen months, according to the rules of the institution as explained to this Court in the answer of Brother Kirkpatrick, the Administrator of St. Gabriel's Hall.

 Relator's petition, which was filed in this Court by relator's father, Daniel Kirk, *fn1" notes that he had filed a habeas corpus petition in the Juvenile Court of Delaware County, which has been denied. *fn2" There has been no further exhaustion of remaining state remedies. See 19 Pa. Stat. Ann. ยงยง 1180-4, -11 (Supp. 1971); Goodrow v. Elk County Court of Common Pleas, etc., 308 F. Supp. 291 (D.C. 1970). *fn3" Hence we must dismiss without prejudice for failure to exhaust available state remedies.


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