OPINION AND JUDGMENT
DALTON, Chief Judge.
This proceeding is before the court on a petition for a writ of habeas corpus filed in forma pauperis by Bobby Joe Muse, a prisoner of the State of Virginia pursuant to the provisions of 28 U.S. C.A. § 2241.
Petitioner is presently serving a ten (10) year sentence following his conviction on November 18, 1966, in the Hustings Court of the City of Roanoke, Virginia for robbery by violence.
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