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IN RE HUCKE

Bankruptcy No. 390-35394-H13, Adv. No. 91-3124, Civ. No. 91-672-PA.

128 B.R. 675 (1991)

In re Scott Matthew HUCKE, Debtor. Scott Matthew HUCKE, Plaintiff, v. STATE OF OREGON, By and Through the DIVISION OF CORRECTIONS, DEPARTMENT OF HUMAN RESOURCES; and Harl H. Haas, individually and in his capacity as a Circuit Court Judge for the Fourth Judicial District, State of Oregon, Defendants.

United States District Court, D. Oregon.

July 11, 1991.

Attorney(s) appearing for the Case

Michael R. Blaskowsky, Todd Trierweiler, Portland, Or., for plaintiff.

Dave Frohnmayer, Atty. Gen., Daniel H. Rosenhouse, Asst. Atty. Gen., Dept. of Justice, Portland, Or., for defendants.

AMENDED OPINION

PANNER, District Judge.

Plaintiff, a debtor in bankruptcy, brings this adversary action seeking his release from state custody for a probation violation. I find the state in violation of the automatic stay of the Bankruptcy Code and direct plaintiff's release from custody.

FACTUAL BACKGROUND

On May 29, 1990, plaintiff, Scott Hucke, pleaded guilty to first degree rape. Multnomah County Circuit Court Judge Harl H. Haas sentenced...

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