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GRANBERRY v. GREER

No. 85-6790.

481 U.S. 129 (1987)

GRANBERRY v. GREER, WARDEN

Supreme Court of United States.

Decided April 21, 1987

Attorney(s) appearing for the Case

Howard B. Eisenberg, by appointment of the Court, 479 U.S. 912, argued the cause and filed briefs for petitioner.

Marcia L. Friedl, Assistant Attorney General of Illinois, argued the cause for respondent. On the brief were Neil F. Hartigan, Attorney General, Roma J. Stewart, Solicitor General, and Mark L. Rotert and Terence M. Madsen, Assistant Attorneys General.

JUSTICE STEVENS delivered the opinion of the Court.

Petitioner, a state prisoner, applied to the District Court for the Southern District of Illinois for a writ of habeas corpus pursuant to 28 U. S. C. § 2254. The Magistrate to whom the District Court referred the case ordered the State of Illinois to file an answer; the State instead filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing that the petition failed to state...

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