MEMORANDUM ORDER
JOHN T. NIXON, Senior District Judge.
Pending before this Court is Respondent's Motion to Dismiss and/ or For Judgment as a Matter of Law (Doc. No. 8), filed in response to Petitioner's Petition for a Writ of Habeas Corpus (Doc. No. 1). Petitioner has now filed a response to Respondent's Motion (Doc. No. 20). For the reasons discuss below, Mr. Warren's Petition is granted in part and denied in part.
I. Background
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