BURSON v. ENGLE

Civ. A. No. C 77-98 A.

432 F.Supp. 929 (1977)

Donald W. BURSON, # 139-533, Plaintiff, v. Ted ENGLE, Superintendent, and William J. Brown, the Attorney General of the State of Ohio, Defendants.

United States District Court, N. D. Ohio, E. D.

May 24, 1977.


Attorney(s) appearing for the Case

Richard L. Aynes, Appellate Review Office School of Law The University of Akron, Akron, Ohio, for plaintiff.

William J. Brown, Atty. Gen. of Ohio, Simon B. Karas, Asst. Atty. Gen., Columbus, Ohio, for defendants.


ORDER

CONTIE, District Judge.

This action for habeas corpus relief under 28 U.S.C. § 2254 was initiated upon the granting of petitioner's motion for leave to proceed in forma pauperis on March 22, 1977. Pursuant to the Court's Order of the same date, respondent has filed a Return of Writ. Upon consideration of the petition, the Return of Writ, and petitioner's memorandum in reply, the Court concludes that an evidentiary hearing must be conducted.

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