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UNITED STATES v. BERRYMAN

Crim. No. 78-00052-02-R.

558 F.Supp. 120 (1983)

UNITED STATES v. Lawrence Edward BERRYMAN.

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

March 9, 1983.

Attorney(s) appearing for the Case

N. George Metcalf, G. Wingate Grant, II, Asst. U.S. Attys., Richmond, Va., for plaintiff.

Cary B. Bowen, Richmond, Va., for defendant.

OPINION

WARRINER, District Judge.

The Court has before it plaintiff's motion under 28 U.S.C. § 2255 and application to proceed in forma pauperis. Since this is plaintiff's second petition, with new grounds for relief alleged, the Court has discretion to dismiss the petition as an abuse of the writ procedure if it be successive. However, on 8 December 1982 the Court, in compliance with the intent of Rule 9(b) of 28 U.S.C. following § 2255...

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