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WILSON v. CZERNIAK

Civil No. 02-40-AS.

238 F.Supp.2d 1207 (2002)

Gregory Paul WILSON, Petitioner, v. Stan CZERNIAK, Superintendent, Oregon State Penitentiary, Respondent.

United States District Court, D. Oregon.

November 21, 2002.

Attorney(s) appearing for the Case

Dennis N. Balske, Office of the Federal Public Defender, Portland, OR, Richard L. Wolf, Portland, OR, for Petitioner.

Lynn David Larsen, Oregon Department of Justice, Salem, OR, Michael D. Reynolds, Solicitor General, Salem, OR, Robert J. Leineweber, Multnomah County District Attorney's Office Portland, OR, for Respondent.

OPINION AND ORDER

ROBERT E. JONES, District Judge.

Petitioner brings this action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to prevent the State of Oregon from trying him a third time on three charges of aggravated felony murder. In his Findings and Recommendation, Magistrate Judge Ashmanskas granted the habeas corpus petition. For the reasons set forth below, I decline to adopt the Findings and Recommendation, and dismiss the...

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