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ABERNATHY v. UNITED STATES

No. 1575.

303 F.Supp. 404 (1969)

Henry Gilbert ABERNATHY v. UNITED STATES of America.

United States District Court E. D. Louisiana, New Orleans Division.

September 4, 1969.

Attorney(s) appearing for the Case

Henry Gilbert Abernathy, pro se.

Louis C. LaCour, U. S. Atty., New Orleans, La., for the United States.

MISCELLANEOUS ACTION

HEEBE, District Judge:

Petitioner presents a novel, yet simple question to this Court: can the district court entertain one petition filed under 28 U.S.C. § 2255 while another § 2255 petition is on appeal from this same district court? We hold that only one § 2255 can be before the Court at one time. This is to preserve the orderly administration of justice and to allow the appellate court time to rule on the previous...

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