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TURNER v. SMITH

No. CIV.A. 98-CV-72620-D.

70 F.Supp.2d 785 (1999)

Leonard TURNER, Petitioner, v. David SMITH, Respondent.

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

September 7, 1999.

Attorney(s) appearing for the Case

Leonard Hershel Turner, St. Louis, MI, Pro se.

Carolyn M. Breen, Wayne County Prosecutor's Office, Detroit, MI, for Respondent.

OPINION

DUGGAN, District Judge.

On June 14, 1998, petitioner Leonard Turner ("petitioner") filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court referred this matter to Magistrate Judge Wallace Capel, Jr., who issued a report and recommendation ("R & R") on June 23, 1999. Magistrate Judge Capel recommended that the Court deny petitioner's application for a writ of habeas corpus "because it is barred...

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