Larry Wayne v. Missouri Board of Probation and Parole Paul Caspari

HENLEY, Senior Circuit Judge.

Larry Wayne filed this federal petition for habeas corpus under 28 U.S.C. § 2254 alleging that the Missouri Board of Probation and Parole (through its Chairman, Paul Caspari) had violated his federal constitutional rights in denying his application for parole from custody on a Missouri state conviction. Pursuant to 28 U.S.C. § 636(b), the case was referred to a United States Magistrate Judge who issued a report and recommendation finding that the petition should be dismissed on the theory that Wayne had failed to exhaust his state remedies as required by 28 U.S.C.…