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JENKINS v. BURTZLOFF

No. 94-3243.

69 F.3d 460 (1995)

Anthony Ray JENKINS, Plaintiff-Appellant, v. Jill BURTZLOFF and Linda Triggs, Defendant-Appellees.

United States Court of Appeals, Tenth Circuit.

October 31, 1995.

Attorney(s) appearing for the Case

Carl E.K. Johnson, Denver, Colorado, for Plaintiff-Appellant.

Kenneth R. Smith, Department of Social Services, Topeka, Kansas, for Defendant-Appellee.

Before EBEL and McKAY, Circuit Judges, and COOK, District Judge.

H. DALE COOK, Senior District Judge.

I. INTRODUCTION

The plaintiff, Anthony Ray Jenkins, brought an action ostensibly under 42 U.S.C. § 1983. The district court held that Jenkins' complaint was, in essence, a petition for a writ of habeas corpus and dismissed it for failure to exhaust state remedies by an order dated April 28, 1994 and filed the same date.1 Jenkins alleges that because of transfers from facility to facility...

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