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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