Troglin

MEMORANDUM OF OPINION AND ORDER DENYING MOTION FOR AN ORDER OF DEFAULT

Petitioner filed his petition for a writ of habeas corpus on January 3, 1974. In an order filed February 1, 1974, this Court issued an order directing respondent to show cause why the writ should not be given. That order was based on petitioner’s claim that the state judge who sentenced him had improperly considered his prior convictions in Colorado, Oklahoma and Arkansas which are invalid because in each case he had been denied his constitutional right to representation by counsel. See United States v. Tucker, 404 U.S. 443, 447, 449 , 92 S.Ct. 589, 591, 592 , 30 L.Ed.2d 592, 596, 597 (1972). Two other claims were dismissed for failure to exhaust state remedies.

The petition and the Order to show cause were served upon respondent on February 11, 1974. The order to show cause required a return within three days after service of process as provided by 28 U.S.C. § 2243 and Rule 81(a)(2),* Federal Rules of Civil Procedure. Counsel for respondent has submitted an affidavit in which he states that he received the petition and order to show cause as well as respondent’s request for representation on February 14,…