MEMORANDUM OF DECISION
URBOM, District Judge.
The petitioner was convicted for burglary in the District Court in Scotts Bluff County, Nebraska, in 1983. In these two habeas corpus actions he asserts six constitutional violations. One of them, ineffective assistance of counsel, was dismissed from the first petition, CV84-L-691, for failure to exhaust his state court remedies after he elected in accordance with Rose v. Lundy,
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