Dwayne Ballinger, Jr. v. John Preslesnik


OPINION and JUDGMENT filed: The district court's judgment granting a writ of habeas corpus is REVERSED, the writ is VACATED, and the case is REMANDED with instructions that the case be dismissed. Decision for publication. Eugene E. Siler, Jr. (AUTHORING), R. Guy Cole, Jr., and Jeffrey S. Sutton, Circuit Judges.

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Case: 12-1357 Document: 006111609129 Filed: 03/04/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: March 04, 2013 Mr. Mark G. Sands Office of the Michigan Attorney General Appellate Division P.O. Box 30217 Lansing, MI 48909 Mr. Sanford A. Schulman Schulman & Associates 500 Griswold Street, Suite 2340 Detroit, MI 48226 Re: Case No. 12-1357, Dwayne Ballinger, Jr. v. John Prelesnik Originating Case No. : 2:09-cv-13886 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Mr. David J. Weaver Enclosures Mandate to issue.

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