MERHIGE, District Judge.
Petitioner, a Virginia prison inmate, brings this action under 28 U.S.C. § 2254 in which he attacks a 1960 state court conviction which provides the basis for a subsequent recidivist sentence. Jurisdiction is alleged under 28 U.S.C. § 2241(a). The matter comes before the Court on petitioner's motion for summary judgment and respondent's response thereto.
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