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ELLEFSON v. SOLEM

No. 84-1748.

748 F.2d 443 (1984)

Richard James ELLEFSON, Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary, and Mark Meierhenry, Attorney General, State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 9, 1984.

Attorney(s) appearing for the Case

Thomas Frankman, Sioux Falls, for appellant.

Mark V. Meierhenry, Atty. Gen. and Douglas E. Kludt, Asst. Atty. Gen., Pierre, S.D., for appellees.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

PER CURIAM.

Richard James Ellefson appeals from an order of the district court1 dismissing his habeas corpus petition filed pursuant to 28 U.S.C. § 2254. We affirm.

Appellant contends that he was denied due process when a South Dakota state court refused to provide him a preliminary probation revocation hearing. We disagree. Appellant did not have a protectable liberty interest. At the time of the revocation hearing, he was...

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