Anthony Ray Jenkins v. Jill Burtzloff and Linda Triggs

H. DALE COOK, Senior District Judge.

I. INTRODUCTION

The plaintiff, Anthony Ray Jenkins, brought an action ostensibly under 42 U.S.C. § 1983. The district court held that Jenkins’ complaint was, in essence, a petition for a writ of habeas corpus and dismissed it for failure to exhaust state remedies by an order dated April 28,1994 and filed the same date.1 Jenkins alleges that because of transfers from facility to facility while he was in continuous custody he did not receive his copy of the order in the mail until after he was *461returned to the Seward County Jail on July 12, 1994. He also…