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DAVIS v. MUELLAR

Civ. No. A2-79-218.

481 F.Supp. 888 (1979)

Thomas D. DAVIS, Petitioner, v. Bryant MUELLAR, as Sheriff of Rolette County, North Dakota, Respondent.

United States District Court, D. North Dakota, Northeastern Division.

December 27, 1979.

Attorney(s) appearing for the Case

Leo Broden, Devils Lake, N. D., for petitioner; Timothy A. LaFrance, Native American Rights Fund, Boulder, Colo., of counsel.

ORDER

BENSON, Chief Judge.

In the above entitled action, Thomas D. Davis, the petitioner, an enrolled member of the Turtle Mountain Band of Chippewa Indians, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254, to compel his release from custody. The petition alleges that Davis was arrested by Rollette County officials on October 10, 1978, within the external boundaries of the Turtle Mountain Indian Reservation. He was charged with terrorizing...

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