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NACHTIGALL v. CLASS

No. 94-1943.

48 F.3d 1076 (1995)

John Henry NACHTIGALL, Appellant, v. Joseph CLASS, Warden, South Dakota State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1995.

Attorney(s) appearing for the Case

Michael Steven Simpkins, Sioux Falls, SD, for appellant.

Frank E. Geaghan, Asst. Atty. Gen., Pierre, SD, for appellee.

Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LOKEN, Circuit Judge.

MAGILL, Circuit Judge.

John Henry Nachtigall appeals the district court's1 dismissal of his third petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Because we find that the district court did not abuse its discretion in dismissing the petition, we affirm.

I. BACKGROUND

In 1984, Nachtigall was charged in state court with sexual contact with a child under fifteen and photographing a child involved...

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