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MOORE v. KIRBY

Civ. A. No. 3:94-1094.

879 F.Supp. 592 (1995)

John Samuel MOORE, Petitioner, v. Paul KIRBY, Respondent.

United States District Court, S.D. West Virginia, Huntington Division.

March 16, 1995.

Attorney(s) appearing for the Case

John Samuel Moore, pro se.

Jacquelyn I. Custer, Asst. Atty. Gen., Charleston, WV, for respondent.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

The Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on December 19, 1994. Pending before the Court is the Respondent's motion to dismiss for failure to exhaust state remedies, and Petitioner's motion for summary judgment and motion for default judgment. This matter was previously referred to the Honorable Maurice G. Taylor, Jr., United States Magistrate Judge...

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