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CARTER v. BYRD

Civ. A. No. 3-81-0849-H.

592 F.Supp. 653 (1984)

John Gilbert CARTER, Jr., Petitioner, v. Don BYRD, Sheriff, Dallas County, Texas, Respondent.

United States District Court, N.D. Texas, Dallas Division.

September 13, 1984.

Attorney(s) appearing for the Case

John Gilbert Carter, Jr., pro se.

Henry Voegtle, Asst. Dist. Atty., Dallas, Tex., for respondent.

MEMORANDUM OPINION AND ORDER

SANDERS, District Judge.

This case is before the Court on remand from the judgment of the United States Court of Appeals for the Fifth Circuit entered on July 27, 1984, 739 F.2d 632.

Factual Background

Petitioner filed a habeas corpus petition in May 1981. He was subsequently released from jail in November 1981. On October 18, 1983, the Magistrate scheduled an evidentiary hearing on the petition.

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