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UNITED STATES EX REL. McTUSH v. O'BRIEN

No. 85 C 5023.

644 F.Supp. 322 (1986)

UNITED STATES of America ex rel. John McTUSH a/k/a Maulana Modibo Eusi, Petitioner, v. Jerry O'BRIEN, Warden, U.S. Penitentiary at Leavenworth, and the Attorney General of the State of Illinois, Respondents.

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

September 26, 1986.

Attorney(s) appearing for the Case

John McTush, a/k/a Maulana Modibo Eusi, pro se.

Anton R. Valukas, U.S. Atty. by Barbara Lazarus, Asst. U.S. Atty., Chicago, Ill., for federal respondent.

Neil F. Hartigan, Atty Gen., State of Ill. by Sally L. Dilgart, Asst. Atty. Gen., Chicago, Ill., for state respondent.

MEMORANDUM ORDER

BUA, District Judge.

This case is before the Court on a petition for a Writ of Habeas Corpus. 28 U.S.C. § 2254. Now pending is the respondents' motion of summary judgment. For the reasons stated herein, summary judgment is granted for the respondents.

FACTS

Petitioner, John McTush, was tried by a jury in the Circuit Court of Cook County and found guilty of murder, Ill.Rev.Stat. 1975, ch. 38, par. 9-1, armed robbery...

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