NOE v. COX

Civ. A. No. 70-C-12-H.

320 F.Supp. 849 (1970)

James H. NOE, Petitioner, v. J. D. COX, Superintendent of the Virginia State Penitentiary, Respondent.

United States District Court, W. D. Virginia, Harrisonburg Division.

December 22, 1970.


Attorney(s) appearing for the Case

James H. Noe, pro se.

Overton P. Pollard, Asst. Atty. Gen., Richmond, Va., for respondent.


OPINION

WIDENER, District Judge.

Petitioner, a Virginia state prisoner, seeks relief by way of writ of habeas corpus pursuant to the provisions of 28 U.S.C., § 2241. The relevant facts are as follows:

On January 2, 1957, petitioner pleaded guilty to a charge of burglary in the Circuit Court of Bedford County, Virginia, and was sentenced to a term of twelve years. On July 6, 1965, the United States District Court for the Eastern District of Virginia...

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