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McNEILL v. BRANKER

No. 5:04-HC-467-BO.

601 F.Supp.2d 694 (2009)

Elmer Ray McNEILL, Jr., Petitioner, v. Gerald BRANKER, Warden Central Prison, Raleigh, North Carolina, Respondent.

United States District Court, E.D. North Carolina, Western Division.

February 17, 2009.

Attorney(s) appearing for the Case

Kenneth J. Rose, Sarah Holladay, Durham, NC, for Petitioner.

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

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the court on the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, on behalf of Elmer Ray McNeill, Jr. ("Ray," "McNeill" or "Petitioner").1 Respondent answered and filed a motion for summary judgment, and Petitioner filed a response. An evidentiary hearing was held on September 29-30, 2008, and October 9, 2008, on petitioner's...

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