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McQUEARY v. BLODGETT

No. 89-35817.

924 F.2d 829 (1991)

James Robert McQUEARY, Petitioner, v. James BLODGETT, Superintendent, WSP; Corrections, Dept of; Indeterminate Sentencing Review Board, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided January 10, 1991.

Attorney(s) appearing for the Case

Paul J. Lyon, Walla Walla, Wash., for petitioner.

Thornton Wilson, Asst. Atty. Gen., Olympia, Wash., for respondents.

Before KOZINSKI, O'SCANNLAIN and FERNANDEZ, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

James Robert McQueary appeals from dismissal of his petition for a writ of habeas corpus.

I

The parties agree that this court has jurisdiction, if at all, under 28 U.S.C. § 2254, which provides that federal courts "shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the...

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