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CARR v. COINER

Civ. A. No. C-68-34-E.

296 F.Supp. 1058 (1969)

James Wilbur CARR, Petitioner, v. Ira M. COINER, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia.

March 3, 1969.

Attorney(s) appearing for the Case

W. Del Roy Harner, Elkins, W. Va. (Court-appointed), for petitioner.

C. Donald Robertson, Atty. Gen., of West Virginia, Morton I. Taber, Asst. Atty. Gen., Charleston, W.Va., for respondent.

MAXWELL, Chief Judge.

Petitioner is presently incarcerated in the West Virginia State Penitentiary at Moundsville following his conviction in the Circuit Court of Randolph County, West Virginia. On May 2, 1966, Petitioner entered a guilty plea to one count of uttering a forged check. An indeterminate sentence of not less than one nor more than ten years in the penitentiary was then pronounced.

Pursuant to 28 U.S.C.A. § 2241 et seq., Petitioner applied...

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