HAWKINS v. HIGGINS

No. 89-1071.

898 F.2d 1365 (1990)

Larry F. HAWKINS, Sr., Appellant, v. Gerald HIGGINS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 26, 1990.

Rehearing and Rehearing Denied May 30, 1990.


Attorney(s) appearing for the Case

Steven R. Cantonwine, Kansas City, Mo., for appellant.

Stephen D. Hawke, Jefferson City, Mo., for appellee.

Before FAGG, Circuit Judge, and HEANEY and BRIGHT, Senior Circuit Judges.


Rehearing and Rehearing En Banc Denied May 30, 1990.

HEANEY, Senior Circuit Judge.

Larry Hawkins filed a petition for federal habeas corpus relief in the United States District Court for the Western District of Missouri, alleging that his continued confinement by the state of Missouri was unlawful because his sentence had expired. The district court dismissed the petition because it found that Hawkins had not exhausted his state remedies. We reverse.

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