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POWELL v. LEE

No. CIV. 102CV293.

282 F.Supp.2d 355 (2003)

William Dillard POWELL, Petitioner, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina; and Roy A. Cooper, III, Attorney General of North Carolina, Respondents.

United States District Court, W.D. North Carolina, Asheville Division.

September 11, 2003.

Attorney(s) appearing for the Case

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

Valerie B. Spalding, N.C. Dept. of Justice, Raleigh, NC, for Respondents.

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. Respondents have filed both a motion for summary judgment and a response to the petition. The parties have submitted portions of the record for review as well as legal briefs. The undersigned concludes the record is adequate and finds an evidentiary hearing is unnecessary...

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