ORDER OF DISMISSAL
DAVID L. RUSSELL, District Judge.
Petitioner, appearing pro se and in forma pauperis, brings this action for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Respondent has filed his Rule 5 response to the petition, and the Petitioner has replied thereto. Thus the matter is at issue. The Court determines that an evidentiary hearing is not necessary, as the issues can be resolved on the basis of the record.
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