Milton Dale Feeney, and David Charles Sells, A/K/A Steven Mark Baker v. Calvin Auger, Warden

ARNOLD, Circuit Judge.

Milton Dale Feeney and David Charles Sells, inmates at the Iowa State Penitentiary, brought this suit, purportedly under 42 U.S.C. § 1983, to challenge the constitutionality of the Iowa habitual-offender statute, Iowa Code §§ 902.8, 902.9(2). The District Court 1 treated the suit as a petition for habeas corpus under 28 U.S.C. § 2254 and dismissed it for failure to exhaust state remedies. The Court also held, in the alternative, that if no state remedy was presently available to plaintiffs, they still could not be heard by a federal habeas court, because their own…