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STUART v. WILSON

No. 05-3092.

442 F.3d 506 (2006)

Troy R. STUART, Petitioner-Appellant, v. Julius WILSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 27, 2006.

Attorney(s) appearing for the Case

ARGUED: Nathan A. Ray, Akron, Ohio, for Appellant. Erik J. Clark, Ohio Attorney General Office, Columbus, Ohio, for Appellee. ON BRIEF: Nathan A. Ray, Akron, Ohio, for Appellant. Gregory T. Hartke, Ohio Attorney General Office, Corrections Litigation Section, Cleveland, Ohio, for Appellee.

Before: RYAN, CLAY, and GILMAN, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Petitioner Troy Stuart appeals the December 13, 2004 order of the United States District Court for the Northern District of Ohio granting the motion of Respondent Julius Wilson, Warden, to dismiss Petitioner's habeas application filed pursuant to 28 U.S.C. § 2254. Petitioner is currently incarcerated in Ohio state prison, having been convicted and sentenced for the state crimes of rape of a victim under the age of thirteen...

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