MILLER v. MISFUD

No. 84-3937.

762 F.2d 45 (1985)

Roger MILLER, Petitioner-Appellant, v. William A. MISFUD, Chief of Dept. of Probation Services For Franklin County Muni. Court, City of Whitehall Ohio; Ted Zwayer, City Attorney, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

May 14, 1985.


Attorney(s) appearing for the Case

George C. Rogers, Rogers & Godbey Co., LPA, Toledo, Ohio, for petitioner-appellant.

Ronald W. Routson, Woods, Bryan, Woods & Watson, Nashville, Tenn., for amicus curiae.

Craig B. Paynter, Columbus, Ohio, for respondent-appellee Misfud.

Kevin P. Durkin, Columbus, Ohio, for respondents-appellees Whitehall and Zwayer.

Before KEITH, MARTIN and JONES, Circuit Judges.


ORDER

This matter is before the Court upon respondent-appellee Misfud's motion to dismiss and petitioner-appellant's responsive memorandum.

Petitioner Miller filed a petition for writ of habeas corpus and a civil rights claim under 42 U.S.C. § 1983 which sought to enjoin the city of Whitehall, Ohio from enforcing its ordinances prohibiting the sale of drug paraphernalia. His petition for writ of habeas corpus was denied and he filed the instant appeal...

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