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SMITH v. DUCKWORTH

No. S 86-85.

631 F.Supp. 1439 (1986)

Thomas E. SMITH, Petitioner, v. Jack R. DUCKWORTH, Warden; Indiana Attorney General, Respondents.

United States District Court, N.D. Indiana, South Bend Division.

April 4, 1986.

Attorney(s) appearing for the Case

Thomas E. Smith, pro se.

Michael A. Schoening, Deputy Atty. Gen., Indianapolis, Ind., for respondents.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This action is before this court on a petition for federal writ of habeas corpus pursuant to 28 U.S.C. § 2254, filed by the petitioner, Thomas E. Smith, an inmate incarcerated at the Indiana State Prison, Michigan City, Indiana. The matter is before this court on respondents' motion to dismiss filed as a part of their Return to Order to Show Cause. Both sides having briefed the issues, the matter is now...

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