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NAPIER v. COMMONWEALTH OF VIRGINIA

Civ. A. No. 70-C-5-C.

313 F.Supp. 397 (1970)

Randall Fulton NAPIER, Petitioner, v. COMMONWEALTH OF VIRGINIA, Respondent.

United States District Court, W. D. Virginia, Charlottesville Division.

May 1, 1970.

Attorney(s) appearing for the Case

Edward J. White, Asst. Atty. Gen., Richmond, Va., for respondent.

DALTON, Chief Judge.

OPINION AND JUDGMENT

This proceeding comes before the court on a petition for a writ of habeas corpus filed in forma pauperis by Randall Fulton Napier, pursuant to 28 U.S.C. § 2241. Said petition was filed in this court on the 24th of February, 1970 and respondent has filed a Motion to Dismiss.

Petitioner Napier is currently serving a one (1) year sentence in the Virginia State Penitentiary pursuant to a judgment...

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