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BUELL v. MITCHELL

No. 99-4271.

274 F.3d 337 (2001)

Robert A. BUELL, Petitioner-Appellant, v. Betty MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 4, 2001.

Attorney(s) appearing for the Case

Jeffry F. Kelleher (argued and briefed), Jeffry F. Kelleher & Associates, Cleveland, OH, Patricia A. Millhoff (briefed), Akron, OH, for Petitioner-Appellant.

Jon W. Oebker (argued), Office of the Attorney General of Ohio, Cleveland, OH, Stuart A. Cole (briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Respondent-Appellee.

Before: BOGGS, SILER, and DAUGHTREY, Circuit Judges.

BOGGS, J., delivered the opinion of the court, in which SILER, J., joined. DAUGHTREY, J. (p. 376), delivered a separate opinion concurring in the judgment.

OPINION

BOGGS, Circuit Judge.

Petitioner-appellant Robert A. Buell appeals the judgment of the district court denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the following reasons, we affirm.

I

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