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BENGE v. JOHNSON

No. C-1-98-861.

312 F.Supp.2d 978 (2004)

Michael W. BENGE, Petitioner, v. David JOHNSON, Warden, Respondent.

United States District Court, S.D. Ohio, Eastern Division.

March 31, 2004.

Attorney(s) appearing for the Case

David Bodiker, Ohio Public Defender's Office — 2, Kyle Edward Timken, Ohio Public Defender's Office — 2, Stephen A Ferrell, Ohio Public Defender's Office — 2, Columbus, OH, for Petitioner.

Henry G Appel, Ohio Attorney General — 2, Capital Crimes Section, Columbus, OH, Matthew J Lampke, Ohio Attorney General — 2, Employment Law Section, Columbus, OH, Stuart Alan Cole, Ohio Attorney General, Corrections Litigation Section, Columbus, OH, Thomas F Martello, Jr, Kevin O'Brien & Associates — 2, Columbus, OH, for Respondent.

OPINION AND ORDER

SARGUS, District Judge.

Petitioner, a prisoner sentenced to death by the State of Ohio, has pending before this Court an action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the Court on the habeas corpus petition, (doc.no.14), respondent's return of writ, (doc.no.18), and petitioner's traverse, (doc.no.47). Also before the Court is the original joint appendix, which consists of ten volumes...

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