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NEVERS v. KILLINGER

No. 97-CV-75175-DT.

990 F.Supp. 844 (1997)

Larry NEVERS, Petitioner, v. George KILLINGER, Warden of FMC Fort Worth, Fort Worth, Texas; Kenneth McGinnis, Director of the Michigan Department of Corrections Michigan Department of Corrections, Respondents.

United States District Court, E.D. Michigan, Southern Division.

December 30, 1997.

Attorney(s) appearing for the Case

Neil H. Fink, David A. Koelzer, Birmingham, MI, for Larry Nevers.

Olga Agnello-Raspa, Timothy A. Baughman, Wayne County Prosecutor's Office, for George Killinger.

MEMORANDUM OPINION AND ORDER

ZATKOFF, District Judge.

I. INTRODUCTION

This matter is before the Court on Petitioner's Request for a Writ of Habeas Corpus. Respondent filed a response, and Petitioner has elected not to reply. On December 22, 1997, a hearing was held at which the Court heard oral argument from both parties. For the reasons set forth below, Petitioner's Request for a Writ of Habeas Corpus is granted.

II. BACKGROUND...

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