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KIENDRA v. HADDEN

No. 741, Docket 84-2348.

763 F.2d 69 (1985)

Victor E. KIENDRA, Plaintiff-Appellant, v. John T. HADDEN, Warden, Federal Correctional Institute, Ray Brook, New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 24, 1985.

Attorney(s) appearing for the Case

Victor E. Kiendra, pro se, for plaintiff-appellant.

David R. Homer, Asst. U.S. Atty., N.D.N.Y., Albany, N.Y. (Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., Syracuse, N.Y., of counsel), for defendant-appellee.

Before MANSFIELD, KEARSE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge.

The sole question presented on this appeal is whether the district court properly denied and dismissed defendant Victor E. Kiendra's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. For the reasons discussed below, we reverse and remand with a direction to the district court.

BACKGROUND

While incarcerated in the Rhode Island state penitentiary, Kiendra was convicted by the United States District...

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