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HIRSCH v. SMITLEY

No. 99-C-887.

66 F.Supp.2d 985 (1999)

Arden "Jim" HIRSCH, Petitioner, v. Mike SMITLEY, et. al., Respondents.

United States District Court, E.D. Wisconsin.

September 21, 1999.

Attorney(s) appearing for the Case

Phyllis L. Alexander, Rapid City, SD, for plaintiff.

Arden C. Hirsch, Tomahawk, WI, pro se.

DECISION AND ORDER

RANDA, District Judge.

This matter comes before the Court on Arden Hirsch's ("Hirsch") petition for a writ of habeas corpus under 28 U.S.C. § 2254. A federal district court may deny a writ of habeas corpus outright, without a return from the respondent, when "it appears from the application that the applicant or person detained is not entitled thereto." 28 U.S.C. § 2243. That is the case here.

I

Hirsch was arrested...

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