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MAGOUIRK v. PHILLIPS

No. 96-31049.

144 F.3d 348 (1998)

Kenneth Wayne MAGOUIRK, Petitioner-Appellant, v. Michael PHILLIPS, Warden, Winn Correctional Center; and Richard P. Ieyoub, Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

June 18, 1998.

Attorney(s) appearing for the Case

Peter J. Black, Shreveport, LA, for Petitioner-Appellant.

Madeleine Mary Slaughter, Asst. Dist. Atty., Monroe, LA, for Respondents-Appellees.

Before WISDOM, SMITH and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Kenneth Wayne Magouirk appeals from the district court's order dismissing his 28 U.S.C. § 2254 petition for habeas corpus relief. Magouirk raised five claims for federal review. The district court, acting on the recommendation of a Magistrate Judge who raised Magouirk's procedural default of three claims sua sponte, applied Magouirk's default to bar federal litigation of those three claims. Magouirk maintains that the Magistrate Judge and...

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