OPINION and ORDER
LARKINS, District Judge:
SUMMARY
This cause comes before the Court as an application for a writ of habeas corpus by a state prisoner pursuant to 28 U.S.C.A. § 2254. Issues have been joined by respondent's answer and motion to dismiss.
Petitioner alleges that he is being held in custody in state prison in violation of the Constitution of the United States in the following particulars:
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