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UNITED STATES EX REL. TYNER v. TWOMEY

No. 71 C 3072.

349 F.Supp. 1190 (1972)

UNITED STATES of America ex rel. Eugene TYNER, Petitioner, v. John J. TWOMEY, Warden of the Illinois State Penitentiary, Joliet, Illinois, Respondent.

United States District Court, N. D. Illinois, E. D.

November 2, 1972.

Attorney(s) appearing for the Case

Eugene Tyner, pro se.

William J. Scott, Atty. Gen., for the State of Ill., Chicago, Ill., for respondent.

MEMORANDUM OPINION AND ORDER

BAUER, District Judge.

This cause comes on the motion of respondent John J. Twomey to dismiss the instant petition for habeas corpus relief under § 2254 of Title 28 of the United States Code. The petitioner is presently incarcerated in the Illinois State Penitentiary, Joliet, Illinois. Upon a jury's finding petitioner guilty of murder, he was sentenced on January 27, 1965 in the Circuit Court of Cook County to imprisonment...

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