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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

DANIELLE HILLING, Petitioner, v. Civil Action No. 5:08cv152 (Judge Stamp)

STATE OF WEST VIRGINIA, Respondent. OPINION/REPORT AND RECOMMENDATION The petitioner, Danielle Hilling ("Hilling"), initiated this action on October 6, 2008 by filing a brief and petition for appeal of criminal conviction and sentence imposed in the Circuit Court of Monongalia County, West Virginia. Based on the substance of Hilling's claims,1 the case was construed as a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C.

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