NATHANIEL R. JONES, Circuit Judge.
This is the second time this case has reached us after the district court dismissed plaintiff's complaint in the pleading stage. The district court initially construed the complaint as a habeas corpus petition and dismissed for failure to exhaust state court remedies under 28 U.S.C. § 2254(b) (1982). In Berndt v. State of Tennessee and Lakeshore Health Mental Institute, 727 F.2d 1108 (6th Cir.1984),
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