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SWAN v. COUPE

Civ. No. 11-847-SLR.

967 F.Supp.2d 1008 (2013)

Ralph E. SWAN, Petitioner, v. Robert M. COUPE, Commissioner, Delaware Department of Correction, and Perry Phelps, Warden, James T. Vaughn Correctional Center, Respondents.

United States District Court, D. Delaware.

September 4, 2013.

Attorney(s) appearing for the Case

Edson A. Bostic and Karl D. Schwartz , Federal Public Defender's Office, Wilmington, Delaware, and Herbert Mondros , Margolis Edelstein , Wilmington, Delaware. Counsel for Petitioner.

Gregory E. Smith and Paul R. Wallace , Delaware Department of Justice, Wilmington, Delaware, and Maria T. Knoll , Attorney General's Office, Wilmington, Delaware. Counsel for Respondents.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Petitioner Ralph E. Swan ("petitioner"), a Delaware inmate in custody at the James T. Vaughn Correctional Center, Smyrna, Delaware, filed an amended application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (D.I. 11) The amended application contains both exhausted and unexhausted claims. Pending before the court is a request made in petitioner's reply brief that...

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