CATON v. CLARKE

No. 95-1684.

70 F.3d 64 (1995)

Bruce Paul CATON, Appellant, v. Harold W. CLARKE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 17, 1995.

Rehearing Denied December 18, 1995.


Attorney(s) appearing for the Case

David R. Stickman and Mary H. Buckley, Omaha, NE, for appellant.

J. Kirk Brown, Lincoln, NE, for appellee.

Before BEAM, HEANEY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


PER CURIAM.

Bruce Paul Caton appeals the denial of his second 28 U.S.C. § 2254 petition for abuse of the writ.1 We affirm.

Caton's original petition for a writ of habeas corpus contained five claims, three of which were unexhausted. The magistrate who initially considered the petition informed Caton that his petition contained unexhausted claims, which might be barred from subsequent consideration if Caton proceeded with his...

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