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HERNANDEZ v. WALLACE

No. 07C0417.

524 F.Supp.2d 1097 (2007)

Arturo HERNANDEZ, Petitioner, v. Pam WALLACE, Respondent.

United States District Court, E.D. Wisconsin.

December 11, 2007.

Attorney(s) appearing for the Case

Robert R. Henak, Henak Law Office SC, Milwaukee, WI, for Petitioner.

Warren D. Weinstein, William L. Gansner, Wisconsin Department of Justice, Office of the Attorney General, MADISON, WI, for Respondent.

DECISION AND ORDER

LYNN ADELMAN, District Judge.

Arturo Hernandez brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. He challenges his state drug trafficking conviction on the ground that his trial counsel was constitutionally ineffective. Respondent moves to dismiss the petition for lack of jurisdiction, arguing that it is a second petition and therefore barred by 28 U.S.C. 2244(b). Petitioner admits that he initiated a...

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