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SILVA v. ZAHRADNICK

Civ. A. No. 75-0084-R.

445 F.Supp. 331 (1978)

Fred H. SILVA v. Robert F. ZAHRADNICK and Attorney General.

United States District Court, E. D. Virginia, Richmond Division.

January 31, 1978.

Attorney(s) appearing for the Case

Edwin Gadberry, III, Richmond, Va., Court Appointed, for plaintiff.

Robert H. Herring, Jr., Asst. Atty. Gen. of Va., Richmond, Va., for defendant.

MEMORANDUM

MERHIGE, District Judge.

Petitioner, Fred H. Silva, brings this action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is presently incarcerated in the Virginia State Penitentiary pursuant to a September 18, 1973 conviction in the Circuit Court of Bedford County on the charge of statutory burglary. Following that conviction, he was convicted of being a fourth time recidivist pursuant to Virginia Code § 53-296. In the...

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