LAFEVERS v. GIBSON

No. 00-6381.

238 F.3d 1263 (2001)

Loyd W. Lafevers, Petitioner-Appellant, v. Gary E. Gibson, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

January 29, 2001.


Attorney(s) appearing for the Case

Patrick J. Ehlers, Jr. (Susan M. Otto, Federal Public Defender, with him on the brief) Assistant Federal Public Defender, Oklahoma City, Oklahoma, for Petitioner-Appellant.

Jennifer B. Miller (W.A. Drew Edmondson, Attorney General, with her on the brief), Assistant Attorney General, Oklahoma City, Oklahoma, for Respondent-Appellee.

Before BRORBY, PORFILIO, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

Loyd Winford LaFevers appeals1 the district court's dismissal of his second 28 U.S.C. § 2254 habeas petition.2 The district court dismissed the petition after concluding that it failed to satisfy the requirements of 28 U.S.C. § 2244(b)(2)(B)(ii). Section 2244(b)(2)(B)(ii) requires that a claim in a second or successive § 2254 habeas application that was not presented in...

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