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McCARTNEY v. VITEK

No. 89-2047.

902 F.2d 616 (1990)

Kirk J. McCARTNEY, Appellant, v. Joseph VITEK, Director, Douglas County Correctional Center; Robert Spire, Attorney General of the State of Nebraska. Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 7, 1990.

Attorney(s) appearing for the Case

Brent Bloom, Omaha, Neb., for appellant.

Susan M. Ugai, Lincoln, Neb., for appellees.

Before McMILLIAN, JOHN R. GIBSON and MAGILL, Circuit Judges.

PER CURIAM.

Kirk J. McCartney appeals from the district court's1 order denying his 28 U.S.C. § 2254 petition for habeas corpus, prior to service of process. We affirm.

On February 29, 1988, McCartney pleaded guilty in Nebraska county court to driving a motor vehicle under the influence of alcoholic liquor or drugs (DUI); it was his third such conviction. At a subsequent hearing, McCartney contested the validity of the first...

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