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HOLLEMAN v. DUCKWORTH

No. 95-3152.

155 F.3d 906 (1998)

Robert Lee HOLLEMAN, Petitioner-Appellant, v. Jack DUCKWORTH, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 15, 1998.

Attorney(s) appearing for the Case

Jerold S. Solovy, John J. Hamill (argued), Jenner & Block, Chicago, IL, for Robert Lee Holleman.

Bridget L. Field, Office of Attorney General, Criminal Appeals Division, Chicago, IL, Michael A. Hurst (argued), Office of Attorney General, Indianapolis, IN, for Jack R. Duckworth.

Before CUDAHY, EASTERBROOK and ROVNER, Circuit Judges.

CUDAHY, Circuit Judge.

The petitioner appeals from a judgment dismissing without prejudice his application for a writ of habeas corpus. The district court concluded that the petitioner had abused the writ. Back in 1981 the petitioner had filed an application that attacked the same judgment and that was adjudicated on the merits. On that occasion, the district court had denied the petition, a judgment that was upheld on appeal. See Holleman v. Duckworth,

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