Allen v. Milburn

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ALBERT L. ALLEN, Petitioner, Case No. 3:08-cv-00039-RRB v. OPINION AND ORDER GRANTING JAMES MILBURN, Superintendent of IN PART AND DENYING IN PART Spring Creek Correctional Center,1 MOTION TO DISMISS (DOCKET 156) Respondent. I. INTRODUCTION This matter comes before the Court on Respondent’s Motion to Dismiss Petitioner’s Second Amended Petition at Docket 156. The motion is fully briefed.2 Oral argument was not requested and was not necessary to the Court’s decision. For the following reasons, the motion will be granted in part and…