KIRK v. PHELPS

Civil Action No. 08-37-JJF.

596 F.Supp.2d 835 (2009)

Mark Anthony KIRK, Petitioner, v. Perry PHELPS, Warden, and Attorney General of the State of Delaware, Respondents.

United States District Court, D. Delaware.

February 9, 2009.


Attorney(s) appearing for the Case

Mark Anthony Kirk, Pro se Petitioner.

Gregory E. Smith, Deputy Attorney General of the Delaware Department of Justice, Wilmington, DE, for Respondents.


MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is an Application For A Writ Of Habeas Corpus Pursuant To 28 U.S.C. § 2254 ("Petition") filed by Petitioner Mark Anthony Kirk ("Petitioner"). (D.I. 1; D.I. 5.) For the reasons discussed, the Court will dismiss the Petition as second or successive.

I. FACTUAL AND PROCEDURAL BACKGROUND1

On the night of December 3, 1996, Petitioner...

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