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WELCH v. CITY OF PRATT, KAN.

No. 99-3273.

214 F.3d 1219 (2000)

Michael E. WELCH, Petitioner-Appellant, v. CITY OF PRATT, KANSAS; Robert J. Schmisseur, District Judge, Pratt County, Kansas; Ray McGuire, Sheriff of Pratt County, Kansas; Attorney General of Kansas, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

June 6, 2000.

Attorney(s) appearing for the Case

Michael S. Holland of Holland and Holland, Russell, Kansas, for Petitioner-Appellant.

Jared S. Maag, Assistant Attorney General, Topeka, Kansas, for Respondents-Appellees.

Before TACHA, EBEL, and BRISCOE, Circuit Judges.

EBEL, Circuit Judge.

Petitioner Michael E. Welch was convicted in a Kansas state court of driving under the influence of alcohol. Following affirmance of his conviction on direct appeal, petitioner filed this action in the district court seeking a writ of habeas corpus under 28 U.S.C. § 2254. The district court denied the petition and denied his request for a certificate of appealability under 28 U.S.C. § 2253(c). Petitioner appeals and asks this court for...

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