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BANKS v. POWELL

Civil Action No. 1:95CV0567 (AM).

917 F.Supp. 414 (1996)

Horace Edward BANKS, Petitioner, v. H. POWELL, Respondent.

United States District Court, E.D. Virginia.

March 5, 1996.

Attorney(s) appearing for the Case

Horace Edward Banks, Deerfield Correctional Center, Capron, Virginia, Pro Se.

James S. Gilmore, III, Attorney General of Virginia, Marla Lynn Graff, Assistant Attorney General, Richmond, Virginia, for Respondent.

MEMORANDUM OPINION1

ELLIS, District Judge.

This 28 U.S.C. § 2254 petition for a writ of habeas corpus is before the Court on respondent's Motion to Dismiss. Respondent notified petitioner of his right to reply to the motion and he has done so. Accordingly, this matter is now ready for adjudication.

I.

On October 12, 1990, a jury in the Circuit Court for the City of Richmond convicted petitioner...

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