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BELL v. BELL

No. 04-5523.

460 F.3d 739 (2006)

Stephen M. BELL, Petitioner-Appellant, v. Ricky BELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2006.

Attorney(s) appearing for the Case

ARGUED: Gretchen L. Swift, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Alice B. Lustre, Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Gretchen L. Swift, Jude T. Lenahan, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Michelle C. McIntire, Office of the Attorney General, Nashville, Tennessee, for Appellee.

Before: COLE, CLAY, and GIBBONS, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which COLE, J., joined.

GIBBONS, J. (pp. 764-768), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

Petitioner Stephen M. Bell appeals the March 26, 2004 order of the United States District Court for the Middle District of Tennessee granting summary judgment in favor of Respondent Ricky Bell, Warden, and dismissing Petitioner's habeas petition...

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