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MULLIGAN v. KEMP

No. 87-8351.

818 F.2d 746 (1987)

Joseph MULLIGAN, Petitioner-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 14, 1987.

Attorney(s) appearing for the Case

James K. Jenkins, Maloy, Sadow and Jenkins, Bruce Maloy, Atlanta, Ga., for petitioner-appellant.

Michael J. Bowers, Atty. Gen., of Ga., William B. Hill, Jr., Staff Asst. Atty. Gen., Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before RONEY, Chief Judge, and HILL and KRAVITCH, Circuit Judges.

PER CURIAM:

Petitioner, Joseph Mulligan, convicted of murder and sentenced to death, filed a petition for writ of habeas corpus pursuant to § 2254, together with a motion for stay of execution now set for Friday, May 15, 1987, at 7:00 p.m. State proceedings have been exhausted.

The respondent State of Georgia filed responsive pleadings in which it pled abuse of the writ. The district court denied relief, finding that this was a successive habeas petition...

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