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MENDOZA v. MILLER

No. 84-1791.

779 F.2d 1287 (1985)

Charles MENDOZA, Petitioner-Appellant, v. Harold G. MILLER, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 19, 1985.

Attorney(s) appearing for the Case

Howard R. Eisenberg, Southern Ill. Univ. School of Law, Carbondale, Ill., for petitioner-appellant.

Joel B. Merkel, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., Benton, Ill., for respondent-appellee.

Before ESCHBACH and COFFEY, Circuit Judges, and SWYGERT, Senior Circuit Judge.

COFFEY, Circuit Judge.

The petitioner, Charles Mendoza, appeals the denial of his petition for habeas corpus. We affirm.

I.

The following facts were presented in the respondent's motion for summary judgment and are not in dispute. On March 14, 1984, Nathan Cowger, an inmate of the United States Penitentiary at Marion, Illinois, was stabbed to death in his cell. The unit officer on duty, an Officer Kaffenberger...

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