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HUNT v. HOPKINS

No. 00-2697.

266 F.3d 934 (2001)

Robert E. HUNT, Jr., Petitioner-Appellee, v. Frank X. HOPKINS, Warden of the Nebraska State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 26, 2001.

Attorney(s) appearing for the Case

Kirk Brown, Asst. Atty. Gen., Lincoln, NE, argued, for appellant.

Jeffiner L. Gilg, Omaha, NE, argued (Karen M. Shanahan, on the brief), for appellee.

Before BYE, JOHN R. GIBSON, Circuit Judges, and FRANK, District Judge.

BYE, Circuit Judge.

Frank X. Hopkins (hereinafter the Warden) appeals a district court2 order that allowed Robert E. Hunt, Jr., to dismiss his second amended petition for a writ of habeas corpus under 28 U.S.C. § 2254. The Warden appeals that part of the order granting Hunt leave to file a third amended petition — that will relate back to the date of his second amended petition — after he exhausts state remedies on certain...

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