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WOODS v. KEMNA

No. 92-3376.

13 F.3d 1244 (1994)

Lowell WOODS, Appellant, v. Michael L. KEMNA, Western Missouri Correctional Center, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 13, 1994.

Attorney(s) appearing for the Case

John Austin Felton, Kansas City, MO, argued (Brian J. Madden, on the brief), for appellant.

John William Simon, Asst. Atty. Gen., Jefferson City, MO, argued, for appellee.

Before BOWMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

BEAM, Circuit Judge.

Lowell Woods appeals the district court's denial of his pro se 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court denied Woods's petition, without an evidentiary hearing, because it found all of Woods's claims to be barred by the Missouri escape rule. We agree that the district court could not address Woods's claims, but for reasons of nonexhaustion rather than because of the escape rule or procedural bar. We...

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