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BOGGS v. COLLINS

No. 99-3325.

226 F.3d 728 (2000)

Roger BOGGS, Petitioner-Appellee, v. Terry COLLINS, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 18, 2000

Rehearing and Suggestion for Rehearing Denied October 31, 2000

Attorney(s) appearing for the Case

Kort W. Gatterdam (argued and briefed), Assistant State Public Defender, Ohio Public Defender Commission, Columbus, Ohio, for Appellee.

Stuart W. Harris (argued and briefed), Assistant Attorney General, Corrections Litigation Section, Columbus, Ohio, for Appellant.

Before: ENGEL, JONES, and COLE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 31, 2000

OPINION

NATHANIEL R. JONES, Circuit Judge.

Respondent-Appellant Terry Collins, Warden of the Warren Correctional Institute in Lebanon, Ohio, appeals the district court's grant of Petitioner-Appellee Roger P. Boggs's § 2254 habeas petition. For the reasons stated herein, we REVERSE and REMAND for further...

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