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BABB v. JOHNSON

Civil No. G-98-559.

61 F.Supp.2d 604 (1999)

Gerald Lee BABB, Jr., # 649412 v. Gary L. JOHNSON.

United States District Court, S.D. Texas, Galveston Division.

August 13, 1999.

Attorney(s) appearing for the Case

Gerald Lee Babb, Jr., Abilene, TX, pro se.

Idolina Garcia McCullough, Office of the Attorney General, Austin, TX, for respondent.

OPINION AND ORDER

KENT, District Judge.

Before the Court is the Motion for Summary Judgment filed by Respondent, Gary L. Johnson, seeking dismissal of the Petition for Writ of Habeas Corpus of Gerald Lee Babb, Jr., a prisoner in Johnson's custody. This Court, having reviewed the motion, Babb's response, and the state court records, now issues this Opinion and Order.

On January 21, 1993, Babb's car was stopped by a state trooper. The car was...

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