discussed Cited "see" DeWalt, Anthony v. Carter, Lamark See Pischke v. Litsher, 178 F.3d 497 , 500 (7th Cir.) (holding that habeas is the proper vehicle for presenting a claim "if but only if the prisoner is seeking to ’get out’ of custody in some meaningful sense"), cert. denied, 120 S. Ct. 380 (1999); Graham v. Broglin, 922 F.2d 379, 381 (7th Cir. 1991) (stating that if a prisoner is challenging "merely the conditions of his confinement his proper remedy is under the civil rights law").

discussed Cited "see" Anthony Dewalt v. Lamark Carter, Correctional Officer Young, Carol Biester See Pischke v. Litscher, 178 F.3d 497, 500 (7th Cir.) (holding that habeas is the proper vehicle for presenting a claim “if but only if the prisoner is seeking to ‘get out’ of custody in some meaningful sense”), cert. denied, — U.S.-, 120 S.Ct. 380 , 145 L.Ed.2d 296 (1999); Graham v. Broglin, 922 F.2d 379, 381 (7th Cir.1991) (stating that if a prisoner is challenging “merely the conditions of his confinement his proper remedy is under the civil rights law”).

discussed Cited "see" Olson v. Olson See State v. Syvertson, 1999 ND 134 , ¶ 21 n. 3, 597 N.W.2d 652 , cert. denied, — U.S. —, 120 S.Ct. 380 , 145 L.Ed.2d 297 (1999) (stating “a trial court is presumed to have done its duty”); In re J.A.G., 552 N.W.2d 317 , 324 (N.D.1996) (stating a juvenile court is deemed to have properly considered and weighed relevant information supplied for its consideration); Overboe v. Odegaard, 496 N.W.2d 574, 578 (N.D.1993) (stating if the record is silent on the matter of proof, it will be presumed the trial court heard and considered evidence necessary to give judgment).

discussed Cited "see" State v. Martin See State v. Syvertson , 1999 ND 134 , ¶ 21 n.3, 597 N.W.2d 652 , cert. denied , 120 S.Ct. 380 (1999) (stating “a trial court is presumed to have done its duty”); In re J.A.G. , 552 N.W.2d 317 , 324 (N.D. 1996) (stating a juvenile court is deemed to have properly considered and weighed relevant information supplied for its consideration); Overboe v. Odegaard , 496 N.W.2d 574, 578 (N.D. 1993) (stating if the record is silent on the matter of proof, it will be presumed the trial court heard and considered evidence necessary to give judgment).

examined Cited "see" Montez v. McKinna (4×) See Pischke v. Litscher, 178 F.3d 497, 501 (7th Cir.), cert. denied, 120 S. Ct. 380 (1999). 13 Montez is entitled to a COA only upon making a "substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2).