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PAPENFUS v. TIBBALS

No. 3:03CV7080.

289 F.Supp.2d 897 (2003)

Kenneth Ray PAPENFUS, Petitioner v. Terry TIBBALS, Warden, Respondent

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

February 25, 2003.

Attorney(s) appearing for the Case

Kenneth Ray Papenfus, Lima, OH, Pro se.

Bruce D. Horrigan, Office of the Attorney General, State of Ohio, Cleveland, OH, for Terry Tibbals, Warden, Respondent.

OPINION AND ORDER

POTTER, District Judge.

This action is before the Court on Kenneth Ray Papenfus' petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, respondent's answer, and petitioner's traverse. Petitioner presently is incarcerated at Allen Correctional Institution in Lima, Ohio.

As an initial matter, the Court finds that the petition may be resolved from the record. Therefore, an evidentiary hearing is not required...

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