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U.S. EX REL. GASTON v. GILMORE

No. 90 C 05926.

763 F.Supp. 307 (1991)

UNITED STATES of America ex rel. Robert GASTON, Petitioner, v. Jerry GILMORE, Respondent.

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

March 15, 1991.

Attorney(s) appearing for the Case

Robert Gaston, pro se.

Richard S. London, Terence Madsen, Illinois Atty. General's Office, Criminal Appeals Div., Chicago, Ill., for respondent.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

An Illinois criminal trial court convicted petitioner Robert Gaston of armed robbery and home invasion in March 1983. We have before us now both Gaston's habeas corpus petition and respondent Jerry Gilmore's motion to dismiss the petition for failure to exhaust state court remedies. For the reasons set forth below, we grant Gilmore's motion and dismiss the petition.

The Illinois Appellate Court...

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