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BERRY v. PHELPS

Civ. A. No. 86-3256.

639 F.Supp. 1515 (1986)

Benjamin A. BERRY v. C. Paul PHELPS, Secretary of the Department of Corrections, State of Louisiana and Frank Blackburn, Warden of Louisiana State Prison, Angola, Louisiana.

United States District Court, E.D. Louisiana.

July 28, 1986.

Attorney(s) appearing for the Case

Samuel Dalton, Jefferson, La., for plaintiff.

John Mamoulides, Gretna, La., for defendants.

ORDER AND REASONS

FELDMAN, District Judge.

For the second time, this Court is confronted with a Petition of Benjamin A. Berry for a Writ of Habeas Corpus and a Stay of Execution filed only days before the execution is scheduled to go forward. Having considered petitioner's seven previously asserted claims in 1983, this Court is well-acquainted with the case of Mr. Berry.

I

Procedural Background

On October 26, 1978, Berry...

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