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BREEZE v. TRICKEY

No. 86-2390.

824 F.2d 653 (1987)

Jerald Lee BREEZE, Appellant, v. Myrna TRICKEY and Attorney General of Indiana, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 27, 1987.

Attorney(s) appearing for the Case

Springfield Baldwin, St. Louis, Mo., for appellant.

David A. Arthur, Asst. Atty. Gen., Indianapolis, Ind., for appellees.

Before LAY, Chief Judge, ARNOLD and WOLLMAN, Circuit Judges.

ARNOLD, Circuit Judge.

Jerald L. Breeze was a Missouri inmate when he brought this proceeding. He appeals the District Court's1 dismissal under Fed.R.Civ.P. 12(b)(6) of his petition for a writ of habeas corpus. The District Court, upon the recommendation of the Magistrate,2 held that Breeze had not exhausted his state remedies before filing his federal petition. We affirm, noting that the dismissal is without...

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