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DAVIS v. JOHNSON

No. 1:02CV83-M-D.

205 F.Supp.2d 616 (2002)

James DAVIS, Petitioner, v. Robert JOHNSON, et al., Respondents.

United States District Court, N.D. Mississippi, Eastern Division.

June 20, 2002.

Attorney(s) appearing for the Case

James NMI Davis, Parchman, MS, petitioner pro se.

Jo Anne McFarland McLeod, Mississippi Attorney General's Office, Jackson, MS, for Robert NMI Johnson, respondent.

Jo Anne McFarland McLeod, (see above), for The Mississippi Parole Board, respondent.

Jo Anne McFarland McLeod, (see above), for The Attorney General of the State of Mississippi, respondent.

MEMORANDUM OPINION

MILLS, District Judge.

This matter comes before the court on the Magistrate Judge's Report and Recommendation that the court grant the respondents' motion to dismiss the instant petition for a writ of habeas corpus filed under 28 U.S.C. § 2254 for failure to state a claim upon which relief may be granted under FED.R.CIV.P. 12(b)(6). The court agrees with the Magistrate Judge that the motion should be granted; however, the court...

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