HIGHMAN v. MARQUEZ

No. 50,523

5 Kan. App. 2d 158 (1980)

613 P.2d 394

DELBERT EUGENE HIGHMAN, Appellant, v. JAMES MARQUEZ, KENNETH OLIVER, et al., Appellees.

Court of Appeals of Kansas.

Opinion filed July 11, 1980.


Attorney(s) appearing for the Case

Edward J. Chapman, Jr., of Leavenworth, for appellant.

James E. Flory, assistant attorney general, and Robert T. Stephan, attorney general, for appellees.

Before SWINEHART, P.J., REES and SPENCER, JJ.


REES, J.:

This is an appeal from the trial judge's summary dismissal, without hearing, of a pro se petition filed by plaintiff, an inmate of the Kansas State Penitentiary (KSP).

According plaintiff's petition requisite liberal construction, interpretation, we find ourselves compelled to conclude it is in the nature of initiation of a habeas corpus action brought to challenge the conditions of his confinement and for incidental relief not available in a habeas...

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