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MOORE v. GARRAGHTY

Civ. A. No. 89-00765.

739 F.Supp. 285 (1990)

Carroll Lee MOORE, Petitioner, v. David A. GARRAGHTY, Respondent.

United States District Court, E.D. Virginia, Richmond Division.

June 5, 1990.

Attorney(s) appearing for the Case

Marvin D. Miller, Alexandria, Va., for petitioner.

Thomas D. Bagwell, Sr. Asst. Atty. Gen., Richmond, Va., for respondent.

MEMORANDUM

MERHIGE, District Judge.

This matter is before the Court on Petitioner's Motion for an evidentiary hearing on his habeas petition pursuant to 28 U.S.C. § 2254, and on Respondent's Motion to Dismiss or for Summary Judgment pursuant to Fed.R.Civ.P. 12(b) and 56(b). The matters have been fully briefed and are ripe for disposition. Jurisdiction is based on 28 U.S.C. § 2254.

Petitioner, an inmate in the Nottoway State Penitentiary...

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