FEENEY v. AUGER

No. 86-1137.

808 F.2d 1279 (1986)

Milton Dale FEENEY, and David Charles Sells, a/k/a Steven Mark Baker, Appellants, v. Calvin AUGER, Warden, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 31, 1986.


Attorney(s) appearing for the Case

Steven J. Pace, Cedar Rapids, Iowa, for appellants.

Thomas D. McGrane, Asst. Atty. Gen., Des Moines, Iowa, for appellees.

Before McMILLIAN and ARNOLD, Circuit Judges, and NICHOL, Senior District Judge.


ARNOLD, Circuit Judge.

Milton Dale Feeney and David Charles Sells, inmates at the Iowa State Penitentiary, brought this suit, purportedly under 42 U.S.C. § 1983, to challenge the constitutionality of the Iowa habitual-offender statute, Iowa Code §§ 902.8, 902.9(2). The District Court1 treated the suit as a petition for habeas corpus under 28 U.S.C. § 2254 and dismissed it for failure to exhaust state remedies. The Court...

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