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DePOMPEI v. OHIO ADULT PAROLE AUTHORITY

No. 92-3367.

999 F.2d 138 (1993)

Lambert N. DePOMPEI, Petitioner-Appellant, v. OHIO ADULT PAROLE AUTHORITY, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 14, 1993.

Attorney(s) appearing for the Case

George W. Palda (briefed), Berkman, Gordon, Murray, Palda & DeVan, Cleveland, OH, Lambert N. DePompei (briefed), Beachwood, OH, for petitioner-appellant.

Samuel N. Lillard (briefed), Office of the Atty. Gen., Columbus, OH, for respondent-appellee.

Before: MARTIN and BOGGS, Circuit Judges, and KRUPANSKY, Senior Circuit Judge.

KRUPANSKY, Senior Circuit Judge.

Petitioner, Lambert N. DePompei, appealed from the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. section 2254. The district court adopted the Report and Recommendation of the magistrate dismissing the petition because the petitioner was no longer "in custody" for purposes of habeas corpus actions, and therefore, the court lacked jurisdiction to entertain...

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