PHILLIPS v. FERGUSON

No. 97-8119.

182 F.3d 769 (1999)

Everett PHILLIPS, Petitioner-Appellant, v. James FERGUSON, Warden, Wyoming Department of Corrections State Penitentiary; Wyoming Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

July 2, 1999.


Attorney(s) appearing for the Case

Clifford J. Barnard, Boulder, Colorado, for Petitioner-Appellant.

Hugh L. Kenny, Senior Assistant Attorney General (William U. Hill, Attorney General, with him on the brief) Cheyenne, Wyoming, for Respondents-Appellees.

Before EBEL and BRISCOE, Circuit Judges, and MARTEN, District Judge.


EBEL, Circuit Judge.

Habeas Petitioner-Appellant Everett Phillips asks this Court to find unconstitutional under the Equal Protection Clause Wyoming's five-year statute of limitations on filing a petition for post-conviction relief. Phillips also appeals the district court's denial of his pro se motion for a continuance to file a surrebuttal. We grant Phillips' application for a certificate of appealability on both...

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