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MILLER v. BORDENKIRCHER

No. 84-6077.

764 F.2d 245 (1985)

Ray Jackie MILLER, Appellant, v. Donald BORDENKIRCHER, Warden, West Virginia State Penitentiary and Attorney General of West Virginia, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 17, 1985.

Attorney(s) appearing for the Case

Wendel B. Turner, Third Year Law Student, College of Law, West Virginia University, Daniel K. Poling, Third Year Law Student, College of Law, West Virginia University (James A. McLaughlin, Charleston, W.Va., on brief), for appellant.

Silas B. Taylor, Asst. Atty. Gen., Charleston, W.Va. (Chauncey H. Browning, Atty. Gen., John Ernest Shank, Asst. Atty. Gen., Charleston, W.Va., on brief), for appellees.

Before PHILLIPS and WILKINSON, Circuit Judges, and WILLIAMS, United States District Judge for the Eastern District of Virginia, sitting by designation.

WILKINSON, Circuit Judge:

Petitioner Ray Jackie Miller, a state prisoner serving a sentence of life imprisonment in the West Virginia Penitentiary at Moundsville, seeks a writ of habeas corpus from the federal courts for the third time, pursuant to 28 U.S.C. § 2254 (1982). The district court denied the petition, finding that Miller's claims either had been previously raised or constituted an abuse of the writ. Petitioner appeals. We affirm, holding that Habeas...

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