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MITZEL v. TATE

No. 4:96 CV 2322.

59 F.Supp.2d 705 (1999)

Robert MITZEL, Petitioner, v. Arthur TATE, Warden Respondent.

United States District Court, N.D. Ohio, Eastern Division.

July 9, 1999.

Attorney(s) appearing for the Case

Thomas R. Wetterer, Jr., Office Of The Public Defender, Ohio Public Defender Commission, Columbus, OH, for Robert Mitzel.

Lillian B. Earl, Office Of The Assistant Attorney General, Cleveland, OH, for Arthur Tate.

MEMORANDUM OPINION AND ORDER

ECONOMUS, District Judge.

I. Procedural and Factual Background

Following his conviction and sentence in 1987, Petitioner filed his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (hereinafter "petition" or "application") on October 25, 1996 (Dkt.# 1). Respondent's Return of Writ (Dkt.# 6) was filed on March 7, 1997, and Petitioner's Traverse (Dkt.# 13) was filed on June 6, 1997.

On February...

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