concurring in part and dissenting in part.
I concur in Judge Celebrezze’s opinion with the exception of his analysis of Wainwright v. Sykes. I would affirm the judgment of the District Court on this ground as *459well for the reasons stated in my dissent in Isaac v. Engle; No. 78-3488, (6th Cir., 1980) (en banc) (Kennedy, J., dissenting).