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STOJETZ v. ISHEE

No. 2:04-CV-263.

389 F.Supp.2d 858 (2005)

John C. STOJETZ, Petitioner, v. Todd ISHEE, Warden, Respondent.

United States District Court, S.D. Ohio, Eastern Division.

September 30, 2005.

Attorney(s) appearing for the Case

Mark R. Devan, Berkman Gordon Murray & Devan, Michael J. Benza, Cleveland, OH, for Petitioner.

Charles L. Wille, Assistant Attorney General, Henry G. Appel, Ohio Attorney General, Columbus, OH, for Respondent.

OPINION AND ORDER

FROST, District Judge.

Petitioner, a prisoner sentenced to death by the State of Ohio, has pending before this Court a habeas corpus action under 28 U.S.C. § 2254. This matter is before the Court upon respondent's motion to dismiss procedurally defaulted claims, (Doc.# 23), petitioner's memorandum in opposition, (Doc.# 34), and respondent's reply, (Doc.# 35).

I. Factual History

The facts and procedural history...

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