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SMITH v. OHIO, DEPT. OF REHABILITATION AND CORR.

No. 1:02 CV 690.

331 F.Supp.2d 605 (2004)

Scott M. SMITH, Petitioner, v. State of OHIO, DEPARTMENT OF REHABILITATION AND CORRECTION, Respondent.

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

August 26, 2004.

Attorney(s) appearing for the Case

Scott M. Smith, Pro Se, USP Terre Haute, Terra Haute, IN, for Plaintiff.

Stuart A. Cole, Office of the Attorney General, State of Ohio, Corrections Litigation Section, Columbus, OH, for Defendant.

MEMORANDUM OF OPINION AND ORDER MODIFYING THE REPORT AND RECOMMENDATION AND DISMISSING THE PETITION FOR WRIT OF HABEAS CORPUS

WELLS, District Judge.

Before this Court is Scott M. Smith's petition for a writ of habeas corpus filed 15 April 2002, pursuant 28 U.S.C. § 2254. (Docket # 1). The case was referred to United States Magistrate Judge Patricia A. Hemann for a Report and Recommendation ("R & R"). (Docket # 28). Magistrate Judge Hemann considered...

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