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CRESS v. PALMER

No. 05-1798.

484 F.3d 844 (2007)

Thomas CRESS, Petitioner-Appellant, v. Carmen PALMER, Warden, Riverside Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 5, 2007.

Attorney(s) appearing for the Case

ARGUED: Bridget M. McCormack, Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellant. Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Bridget M. McCormack, Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellant. Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellee.

Before: DAUGHTREY and ROGERS, Circuit Judges; OBERDORFER, District Judge.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The petitioner, Thomas Cress, is a Michigan state prisoner serving a life sentence for first-degree felony murder. He appeals from the district court's order dismissing his second habeas petition, filed pursuant to 28 U.S.C. § 2254. The petitioner contends that his due process rights were violated when (1) physical evidence related to his case was destroyed after...

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