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CALL v. POLK

No. CIV 5:04MCV167.

454 F.Supp.2d 475 (2006)

Eric Lawrence CALL, Petitioner, v. Marvin POLK Warden, Central Prison, Raleigh, North Carolina, Respondent.

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

September 22, 2006.

Attorney(s) appearing for the Case

Marilyn Gerk Ozer, William F.W. Massengale, Massengale & Ozer, Chapel Hill, NC, for Petitioner.

Sandra Wallace Smith, N.C. Department of Justice, Raleigh, NC, for Respondent.

MEMORANDUM OF OPINION

THORNBURG, District Judge.

THIS MATTER is before the Court on the Petitioner's motion pursuant to 28 U.S.C. § 2254 and various other motions, to which responses have been filed.

I. STANDARD OF REVIEW

Title 28 U.S.C. § 2254 provides in pertinent part:

(a) [A] district court shall entertain an application for a writ of habeas corpus [o]n behalf of a person in custody pursuant to...

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