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ALLEN v. NEWSOME

No. 85-8198.

795 F.2d 934 (1986)

Luther H. ALLEN, Petitioner-Appellant, v. Lanson NEWSOME, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 4, 1986.

Attorney(s) appearing for the Case

T. Bart Gary, (court-appointed), Atlanta, Ga., for petitioner-appellant.

Mary Beth Westmoreland, Atlanta, Ga., for respondent-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and GARZA, Senior Circuit Judge.

GARZA, Senior Circuit Judge:

Nature of the Case

This habeas corpus appeal involves the procedural guidelines of a Rule 9(b) dismissal. See Rule 9 of the Rules Governing § 2254 Cases in the United States District Courts, 28 U.S.C.A. foll. § 2254 (hereinafter "Rule 9" or "Section 2254 Rules"). Petitioner's second Section 2254 petition was dismissed as both successive and as an abuse of the writ under Rule 9(b). Finding that the district court...

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