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AKINS v. KENNEY

No. 02-1913.

410 F.3d 451 (2005)

Samar AKINS, Appellant, v. Michael L. KENNEY, Warden of the Nebraska State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2005.

Attorney(s) appearing for the Case

Raymond J. Rigat, argued, Clinton, Connecticut, for appellant.

J. Kirk Brown, Assistant Attorney General, argued, Lincoln, Nebraska (Don Stenberg and Marilyn B. Hutchinson. on the brief), for appellee.

Before LOKEN, Chief Judge, HANSEN and MURPHY, Circuit Judges.

HANSEN, Circuit Judge.

We previously affirmed the dismissal of Samar Akins's petition for a writ of habeas corpus, 28 U.S.C. § 2254 (2000), for failure to exhaust state court remedies, and we reversed the dismissal to the extent it encompassed claims for which there was no currently available state court remedy; we further found no error in the district court not granting a stay sua sponte pending exhaustion....

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