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McKINNEY v. STATE

No. ED 98344.

384 S.W.3d 344 (2012)

Kevin C. McKINNEY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 23, 2012.

Application for Transfer Denied December 18, 2012.

Attorney(s) appearing for the Case

Kevin C. McKinney, East St. Louis, IL, pro se, for appellant.

Jennifer A. Wideman , Assistant Attorney General, Jefferson City, MO, for respondent.

Before PATRICIA L. COHEN, P.J., KURT S. ODENWALD, J., and LISA VAN AMBURG, J.

ORDER

PER CURIAM.

Kevin McKinney (Movant) appeals the judgment of the Circuit Court of St. Louis County dismissing his Rule 24.035 motion for post-conviction relief and denying his request for an evidentiary hearing. Movant asserts that the motion court clearly erred in dismissing his claims on the grounds that his motion was: (1) untimely, and (2) not cognizable because he had not been delivered to the Missouri Department of Corrections (DOC).

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