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KELLY v. RISLEY

No. 87-3696.

865 F.2d 201 (1989)

James P. KELLY, Petitioner-Appellant, v. Henry RISLEY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 9, 1989.

As Amended February 27, 1989.

Attorney(s) appearing for the Case

James P. Kelly, Deer Lodge, Mont., pro se.

Nick A. Rotering, Dept. of Institutions, Helena, Mont., for respondent-appellee.

Before WRIGHT, FERGUSON and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

James P. Kelly, appellant, appeals the district court's dismissal of his habeas corpus petition, brought under 28 U.S.C. § 2254, for failure to state a claim for habeas corpus relief. Kelly alleges that he was wrongfully denied an annual review of denial of parole in violation of Administrative Rules of Montana (ARM) 20.25.401(8), and that ARM section 20.25.304(3) violates his right to equal protection, as guaranteed by the Fourteenth...

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