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HENSON v. McKUNE

No. 98-3246-DES.

106 F.Supp.2d 1203 (2000)

Donald HENSON, Jr., Plaintiff, v. David R. McKUNE, et al., Defendant.

United States District Court, D. Kansas.

July 19, 2000.

Attorney(s) appearing for the Case

Donald Henson, Jr., Lansing, MI, Pro se.

Michael S. Holland, Holland & Holland, Russell, KS, for Plaintiff.

Jared S. Maag, Office of Attorney General, Topeka, KS, for Defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on a petition for habeas corpus filed pursuant to 28 U.S.C. § 2254. The petitioner alleges that he is being confined in state custody for a crime of which he was not charged, tried or convicted in violation of his rights under the United States Constitution. Both parties have submitted briefs on this issue and the court is ready to rule.

I. FACTUAL BACKGROUND...

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