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MOELLER v. WEBER

No. CIV. 04-4200.

635 F.Supp.2d 1036 (2009)

Donald E. MOELLER, Petitioner, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent.

United States District Court, D. South Dakota, Southern Division.

March 31, 2009.

Attorney(s) appearing for the Case

Mark F. Marshall, for Petitioner.

Craig M. Eichstadt, Sherri Sundem Wald, Attorney General of South Dakota, Pierre, SD, for Respondent.

MEMORANDUM OPINION AND ORDER RE: APPLICATION FOR RELIEF UNDER 28 U.S.C § 2254 AND CERTIFICATE OF APPEALABILITY

LAWRENCE L. PIERSOL, District Judge.

Pending before this Court is Petitioner Donald Moeller's Third Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief. Petitioner has submitted his Traverse (Doc. 14), Respondent has submitted a Reply to the Traverse (Doc. 18), and Petitioner has also submitted a sur...

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