Myers v. Peterson

OPINION

PANNER, Chief Judge.

Petitioner Robert H. Myers brings this habeas petition under 28 U.S.C. § 2254 against respondent R.S. Peterson, superintendent of the Oregon State Correctional Institution (OSCI). Petitioner contends that the state should have credited him for time served in Iowa custody on Iowa charges after his escape from OSCI and before his return to Oregon custody. Respondent moves to dismiss the petition, contending that petitioner has procedurally defaulted on his claims and has failed to state a claim. I grant respondent’s motion to dismiss the petition.

BACKGROUND

On April…