MEMORANDUM OPINION AND ORDER
McGARR, District Judge.
This is an action for the alleged deprivation of plaintiff's civil rights. The plaintiff, Jasper Leroy Fleetwood, is currently serving a term in the Washington State Penitentiary as a result of his conviction for Second Degree Assault and Robbery. He unsuccessfully appealed his conviction to the Supreme Court of the State of Washington. (State v. Fleetwood,
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