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CARLSON v. PITCHER

No. 96-2520.

137 F.3d 416 (1998)

Donald Kenneth CARLSON, Petitioner-Appellee, v. Terry PITCHER, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 25, 1998.

Attorney(s) appearing for the Case

Kathleen Davison Hunter, Asst. Attorney Gen. (argued and briefed), Arthur E. D'Hondt, Office of Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellant.

Donald Kenneth Carlson, Muskegon, MI, pro se, Victor L. Bland (argued and briefed), Kalamazoo, MI, for Petitioner-Appellee.

Before: RYAN, BATCHELDER, and CLAY, Circuit Judges.

OPINION

RYAN, Circuit Judge.

The petitioner, Donald Kenneth Carlson, a state court inmate, filed a petition for a writ of habeas corpus in the federal court in July 1996. This was the second time he had done so, having had his first petition, filed in 1990, dismissed without prejudice in 1993 due to his failure to exhaust state remedies. The respondent, Warden Terry Pitcher, filed a motion to dismiss the 1996 petition, arguing that the district court...

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