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HALL v. LOCKHART

No. 87-2440.

863 F.2d 609 (1988)

Luther HALL, Appellant, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 21, 1988.

Attorney(s) appearing for the Case

David A. Couch, Little Rock, Ark., for appellant.

Lee Taylor Franke, Little Rock, Ark., for appellee.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.

ARNOLD, Circuit Judge.

Luther Hall appeals from the order of the District Court dismissing his third 28 U.S.C. § 2254 petition for habeas corpus as a successive petition and an abuse of the writ, pursuant to Rule 9(b) of the Rules Governing § 2254 Proceedings. We remand for an evidentiary hearing and retain jurisdiction to consider the findings made on the remand.

Hall is imprisoned at the Cummins Unit of the Arkansas Department of Correction. He...

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