Upon the factual findings of the District Court following full evidentiary hearing, Gairson v. Cupp, 415 F.2d 352 (9th Cir. 1969), does not apply.

As to appellant’s contention that he was denied effective assistance of counsel since his attorney did not advise him of his right to appeal in forma pauperis and of the procedure to be followed in exercising this right, we agree with the District Court that he has not exhausted his state remedies in this respect.

Affirmed.