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MOATES v. WALKER

No. CV-92-3584.

929 F.Supp. 82 (1996)

Robert MOATES, Petitioner, v. Hans WALKER, Superintendent, Auburn Correctional Facility, Defendant.

United States District Court, E.D. New York.

May 21, 1996.

Attorney(s) appearing for the Case

Robert Moates, Riverview Correctional Facility, Ogdensburg, New York, Pro Se.

Ann Bordley, Assistant District Attorney, Brooklyn, New York, for defendant.

MEMORANDUM AND ORDER

GLASSER, District Judge:

The petitioner has moved this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 claiming that he was twice put in jeopardy for the same offense which the Fifth Amendment to the United States Constitution expressly forbids. His petition was dismissed as being an abuse of the writ in a Memorandum and Order dated September 22, 1992. The petitioner then applied to this court for a certificate...

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