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BREWSTER v. KIRBY

Civil Action No. 2:94cv193.

954 F.Supp. 1155 (1997)

David Harvey BREWSTER v. Paul W. KIRBY, Warden.

United States District Court, N.D. West Virginia, Elkins Division.

February 21, 1997.

Attorney(s) appearing for the Case

David Harvey Brewster, Pro se.

Scott E. Johnson, Assistant Attorney General, Charleston, WV, for respondent.

ORDER

MAXWELL, District Judge.

Petitioner, a state prisoner proceeding pro se, seeks to pursue his remedies in this habeas corpus action pursuant to 28 U.S.C. § 2254.1 On February 1, 1995, respondent filed a "Motion to Compel Petitioner to Show Cause Pursuant to Rule 9 of the Rules Governing Section 2254 Cases for Filing a Successive Petition and Respondent's Motion to Dismiss for Failure to State a Claim....

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