FOYE v. BORDENKIRCHER

Civ. A. No. 80-0472-E(H).

535 F.Supp. 1340 (1982)

William Murphy FOYE, Petitioner, v. Donald BORDENKIRCHER, Respondent.

United States District Court, N. D. West Virginia, Elkins Division.

April 9, 1982.


Attorney(s) appearing for the Case

William Murphy Foye, Jr., pro se.

Chauncey H. Browning, Jr., Atty. Gen. of W.Va., Charleston, W.Va., for respondent.


MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

The Petitioner, an inmate at the West Virginia Penitentiary, petitions this Court for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. In support of his petition, the Petitioner claims that he was denied due process of law when the West Virginia Supreme Court of Appeals refused to consider his petition for a rehearing. For the reasons set out below, this Court hereby grants Respondent's motion...

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