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LAUBACH v. ROBERTS

No. 91,329

32 Kan.App. 2d 863 (2004)

90 P.3d 961

ROGER LAUBACH, Appellant, v. RAY ROBERTS, WARDEN OF ELLSWORTH CORRECTIONAL FACILITY; and DAVID R. McKUNE, WARDEN OF LANSING CORRECTIONAL FACILITY, et al., Appellees.

Court of Appeals of Kansas.

Opinion filed May 28, 2004.

Attorney(s) appearing for the Case

Roger Laubach, appellant pro se.

Robert E. Wasinger, of the Department of Corrections, for appellees.

Before RULON, C.J., HILL, J., and WAHL, S.J.

RULON, C.J.:

Petitioner Roger Laubach appeals the summary denial of his pro se petition for relief. We affirm in part and dismiss in part.

The material facts are as follows:

In late 1999, the petitioner sought medical treatment for poor eyesight. He was referred to Dr. Ziemianski, a retinal specialist, who indicated that the petitioner's retinas functioned within the normal limits. In February of 2000, the petitioner was examined

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