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United States Eighth Circuit


Mathena v. US, 08-2184

District court's denial of defendant's writ of habeas corpus is reversed and remanded to dismiss the petition without prejudice where: 1) district court erred in finding defendant's petition was untimely under 28 U.S.C. - 2241; and 2) defendant failed to exhaust his administrative remedies within the Bureau of Prisons.

Appellate Information

  • Decided 08/24/2009
  • Published 08/24/2009

Judges

  • COLLOTON, Circuit Judge., Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and ROSENBAUM, District Judge.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • David Earl Woods, argued, O'Fallon, MO, for appellant.

  • For Appellees:
  • Keith D. Sorrell, AUSA, Cape Girardeau, MO, for appellee.
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