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FLOWERS v. MORGAN

Civil Action No. 12-1121-SLR.

940 F.Supp.2d 136 (2013)

Gearl FLOWERS, Petitioner, v. Phillip MORGAN, Warden, and Joseph R. Biden, III, Attorney General of the State of Delaware, Respondents.

United States District Court, D. Delaware.

April 15, 2013.

Attorney(s) appearing for the Case

Gearl Flowers. Pro se Petitioner.

James T. Wakley, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, for Respondents.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Petitioner Gearl Flowers ("petitioner") is a Delaware inmate in custody at the Howard R. Young Correctional Institution in Wilmington, Delaware. Presently before the court is petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (D.I. 1), and the State's motion to dismiss the application without prejudice for failure to exhaust state remedies. For...

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