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PERKEY v. CARDWELL

Civ. A. No. 72-463.

369 F.Supp. 770 (1973)

Orville PERKEY, Petitioner, v. Harold J. CARDWELL, Warden, Respondent.

United States District Court, S. D. Ohio, E. D.

February 9, 1973.

Attorney(s) appearing for the Case

Alphonse P. Cincione, Columbus, Ohio, for petitioner.

William Brown, Atty. Gen., by Leo J. Conway, Asst. Atty. Gen., Columbus, Ohio, for respondent.

OPINION AND ORDER

KINNEARY, Chief Judge.

Petitioner, a state prisoner, brings this action for a writ of habeas corpus under the provisions of Title 28, United States Code, Section 2241(c)(3).

This matter is before the Court on respondent's motion to dismiss on the ground that the petition fails to state a claim for relief in federal habeas corpus.

On November 15, 1963, petitioner was indicted by the Knox County Grand Jury for one count of...

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