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HOXSIE v. KERBY

No. 95-2207.

108 F.3d 1239 (1997)

Gary Randall HOXSIE, Petitioner-Appellant, v. Dareld KERBY, Warden; Tom Udall, Attorney General for the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

March 11, 1997.

Attorney(s) appearing for the Case

Joseph W. Gandert, Assistant Federal Public Defender, Albuquerque, New Mexico, for Appellant.

Bill Primm, Assistant Attorney General (Tom Udall, Attorney General for the State of New Mexico, with him on the brief), Santa Fe, New Mexico, for Appellees.

Before TACHA, HENRY, and BRISCOE, Circuit Judges.

TACHA, Circuit Judge.

Gary Randall Hoxsie, an inmate at the Central New Mexico Correctional Facility, appeals an order of the district court adopting the magistrate judge's Findings and Recommended Disposition and dismissing Hoxsie's petition for habeas corpus pursuant to 28 U.S.C. § 2254. The magistrate found that Hoxsie's claims of prosecutorial misconduct and ineffective assistance of counsel were without merit and denied his request for an evidentiary hearing...

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