Wells v. Marshall

MEMORANDUM AND ORDER

GORTON, Judge.

Petitioner, David L. Wells, filed a habeas corpus petition, pursuant to 28 U.S.C. § 2254, on December 9, 1993. Pending before this Court is: 1) a motion to dismiss filed by the respondent, John Marshall, on January 7, 1994, and 2) a-motion for summary judgment filed by petitioner on February 10, 1994. The motions were referred to Magistrate Judge Swartwood for Findings and Recommendations, pursuánt to 28 U.S.C. § 636(b)(1)(B), and on November 29,1994, he issued a Report and Recommendation (“R & R”) with respect to those motions.

I. FACTUAL AND PROCEDURAL…