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McMILLER v. LOCKHART

No. 89-1712.

915 F.2d 368 (1990)

Fate McMILLER, Appellant, v. A.L. LOCKHART, Director ADC, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 27, 1990.

Attorney(s) appearing for the Case

Larry G. Dunklin, Little Rock, Ark., for appellant.

Joseph V. Svoboda, Little Rock, Ark., for appellee.

Before McMILLIAN and BOWMAN, Circuit Judges, and HENLEY, Senior Circuit Judge.

BOWMAN, Circuit Judge.

Fate McMiller, a state prisoner seeking federal relief under 28 U.S.C. § 2254, appeals an order of the District Court1 dismissing his petition for writ of habeas corpus. We affirm.

I.

On October 13, 1982, Barbara Jean Phillips, feeling ill, left work early. It was approximately 1:30 p.m. when she arrived at her apartment in North Little Rock and noticed that her front door was open. Phillips...

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