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BERCHENY v. JOHNSON

No. 78-71471.

481 F.Supp. 1165 (1979)

Anthony BERCHENY, Petitioner, v. Perry JOHNSON, Director, Michigan State Corrections Commission, Respondent.

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

As Corrected January 21, 1980.

Attorney(s) appearing for the Case

Carl Ziemba, Detroit, Mich., for plaintiff.

William E. Molner, Asst. Atty. Gen., State of Mich., Lansing, Mich., for defendant.

COHN, District Judge.

Before the Court is a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner claims a deprivation of his 14th Amendment rights because of a breach of a plea agreement which he entered into with the Prosecuting Attorney of Oakland County, Michigan as an inducement to enter a guilty plea. Respondent has moved to dismiss (Fed.R.Civ.P. 12(b)(6)) or, in the alternative, for summary judgment (Fed.R. Civ.P. 56(b)).

Petitioner...

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