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CHAVEZ v. MORGAN

No. 96-C-730.

932 F.Supp. 1152 (1996)

Joseph F. CHAVEZ, Petitioner, v. Kenneth MORGAN, Respondent.

United States District Court, E.D. Wisconsin.

July 30, 1996.

Attorney(s) appearing for the Case

Joseph F. Chavez, Sturtevant, WI, Pro Se.

Gregory M. Posner-Weber, Wisconsin Department of Justice, Office of the Attorney General, Madison, WI, for Respondent.

ORDER

RANDA, District Judge.

This matter comes before the Court on respondent's motion to dismiss. As the Court recently noted, a motion to dismiss is generally not an appropriate pleading in response to a petition for a writ of habeas corpus:

Respondent's conception — which lies at the heart of his view that the lack of an evidentiary hearing rendered the order of October 21 nonfinal — seems to have been that a Rule 12(b)(6...

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