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LAWHORN v. HALEY

No. CIV.A. CV01C0029E.

323 F.Supp.2d 1158 (2004)

James Charles LAWHORN, Petitioner, v. Michael W. HALEY, Commissioner, Alabama Department of Corrections, Respondents.

United States District Court, N.D. Alabama, Eastern Division.

March 22, 2004.

Attorney(s) appearing for the Case

William C. Wood, Norman Wood Kendrick & Turner, Birmingham, AL, Richard L Neumeier, Morrison Mahoney & Miller LLP, Boston, MA, for James Charles Lawhorn, petitioner.

William H. Pryor, Jr., Beth Jackson Hughes, Office of the Attorney General, Montgomery, AL, for Michael Haley, Commissioner, Alabama Dept. of Corrections, Attorney General of State of Alabama, the, respondents.

MEMORANDUM OPINION

DAVIS, United States Magistrate Judge.

The magistrate judge filed a report and recommendation on February 11, 2004, recommending this petition for writ of habeas corpus filed pursuant 28 U.S.C. § 2254 be granted. Petitioner and respondent filed objections.

The court has carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the objections thereto. The...

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