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REDMON v. PEYTON

Civ. A. No. 5047.

298 F.Supp. 1123 (1969)

John Henry REDMON v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary.

United States District Court E. D. Virginia, Richmond Division.

April 30, 1969.

Attorney(s) appearing for the Case

John B. Gilmer, Richmond, Va., for petitioner.

Reno S. Harp, III, Asst. Atty. Gen. of Virginia, Richmond, Va., for respondent.

MEMORANDUM

MERHIGE, District Judge.

Redmon filed a petition in this Court for a writ of habeas corpus December 5, 1966; was granted leave to proceed in forma pauperis; and his petition was filed. The respondent answered and moved to dismiss.

In that petition, Redmon sought to attack the validity of a conviction as a recidivist (third offender) and the subsequent revocation of six years suspension of the ten year sentence for the recidivist conviction...

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