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MARROW v. HARKLEROAD

No. CIV. 202CV142.

247 F.Supp.2d 805 (2003)

Jody Larry MORROW, Petitioner, v. Sidney HARKLEROAD, Marion Correctional Institution, Marion, North Carolina; and Roy A. Cooper, III, Attorney General of North Carolina, Respondents.

United States District Court, W.D. North Carolina. Bryson City Division.

February 27, 2003.

Attorney(s) appearing for the Case

Ann B. Petersen, Glover & Petersen, Chapel Hill, NC, James R. Glover, Glover & Petersen, P.A., Chapel Hill, NC, for Petitioner.

Clarence J. DelForge, III, Correctional Institution, Fed. Habeas Section, Marion, North Carolina, NC, Dept. of Justice, Raleigh, NC, for Respondent.

MEMORANDUM OF OPINION

THORNBURG, District Judge.

THIS MATTER is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has filed both a motion for summary judgment and a response to the petition. Petitioner, who is represented by counsel, has filed a reply to the response. The undersigned concludes the record is adequate and finds an evidentiary hearing is unnecessary...

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