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GARCIA v. LIND

No. 14-1266.

JULIAN KEITH GARCIA, Petitioner-Appellant, v. RANDY LIND, Acting Warden of Arkansas Valley Correctional Facility, Colorado Department of Corrections; JOHN SUTHERS, The Attorney General of the State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 10, 2014.

ORDER DENYING CERTIFICATE OF APPEALABILITY*

NEIL M. GORSUCH, Circuit Judge.

A Colorado jury found Julian Garcia guilty of second degree kidnapping, sexual assault, and aggravated motor vehicle theft. After his direct appeals and a post-conviction motion in state court proved unavailing, Mr. Garcia sought habeas relief in federal court. The district court, however, dismissed the current petition as untimely and denied Mr...

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