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HILTON v. JOHNS

No. 5:11-HC-2098-BO.

ALTON EDWIN HILTON, Petitioner, v. WARDEN TRACEY JOHNS, Respondent.

United States District Court, E.D. North Carolina, Western Division.

July 20, 2012.

Attorney(s) appearing for the Case

Alton Edwin Hilton, Petitioner, Pro Se.

Warden Tracey Johns, Respondent, represented by Matthew Lee Fesak , U.S. Attorney's Office.

ORDER

TERRENCE W. BOYLE, District Judge.

On May 19, 2011, Alton Edwin Hilton filed this writ of habeas corpus petition pursuant to 28 U.S.C. § 2241. On November 17, 2011, respondent filed a motion to dismiss, arguing that the petition should be dismissed as an abuse of the writ. Petitioner timely responded, and the matter is ripe for determination.

DISCUSSION

I. Standard of Review

Rule 12(b)(6) allows a suit to be dismissed...

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