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SCHLAEPFER v. HARKLEROAD

No. CIV. 1.02CV66.

244 F.Supp.2d 589 (2003)

Frank Robert SCHLAEPFER, Jr., Petitioner, v. Sid HARKLEROAD, Administrator, Marion Correctional Institution; Theodis Beck, Secretary, North Carolina Department of Corrections; and the Attorney General of North Carolina, Respondents.

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

January 31, 2003.

Attorney(s) appearing for the Case

Frank Robert Schlaepfer, Jr., Marion, NC, Susan Hubbard Pollitt, N.C. Prisoner Legal Services, Raleigh, NC, for Petitioner.

Clarence J. DelForge, III, Fed. Habeas Section Institution, 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. Portions of the record have also been submitted for review. The undersigned concludes the record is adequate and finds an evidentiary hearing is unnecessary. Rule 8...

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