MEMORANDUM AND ORDER
ROBSON, Senior District Judge.
This cause is before the court on respondent's motion to dismiss petitioner's amended petition for a writ of habeas corpus for failure to state a claim upon which relief can be granted or in the alternative for summary judgment. For the reasons hereinafter stated, the motion shall be granted.
Background
There is no dispute as to the facts and they are fully set forth in, inter...
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