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ALLEN v. HOWES

Case No. 05-10304.

599 F.Supp.2d 857 (2009)

Johnell ALLEN, Petitioner, v. Carol HOWES, Respondent.

United States District Court, E.D. Michigan, Southern Division.

February 25, 2009.

Attorney(s) appearing for the Case

Timothy M. Holloway, Taylor, MI, for Petitioner.

B. Eric Restuccia, Brad H. Beaver, Michigan Department of Attorney General, Lansing, MI, for Respondent.

OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

DAVID M. LAWSON, District Judge.

Petitioner Johnell Allen, presently incarcerated at the Lakeland Men's Correctional Facility in Coldwater, Michigan, has filed through counsel a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner, originally charged with open murder, Mich. Comp. Laws § 750.316, and possession of a firearm in

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