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WILLOUGHBY v. PHEND

Civ. No. 69 S 8.

301 F.Supp. 644 (1969)

Oie WILLOUGHBY, Petitioner, v. George W. PHEND, Warden of Indiana State Prison, Respondent.

United States District Court N. D. Indiana. South Bend Division.

July 7, 1969.

Attorney(s) appearing for the Case

Oie Willoughby, pro se.

Theodore L. Sendak, Atty. Gen. of Indiana, John F. Davis, Deputy Atty. Gen., for respondent.

MEMORANDUM

GRANT, Chief Judge.

I — INTRODUCTION

This Petition for Writ of Habeas Corpus was ordered filed on 23 January 1969 and denied the same day. It was reinstated on 3 April 1969 after a prima facie showing of exhaustion under 28 U.S.C. § 2254 was made. Respondent was then ordered to show cause and replied, on 14 April 1969, with a Motion to Dismiss. Petitioner filed a "Traverse" thereto on 30 April 1969. The Motion to Dismiss...

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