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SCOTT v. COLLINS

No. 00-3240.

286 F.3d 923 (2002)

Guy Billy Lee SCOTT, Petitioner-Appellant, v. Terry COLLINS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 25, 2002.

Attorney(s) appearing for the Case

H. Fred Hoefle (argued and briefed), Cincinnati, OH, for Appellant.

Thelma T. Price (argued and briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Appellee.

William R. Gallagher (briefed), Arenstein & Gallagher, Cincinnati, OH, David H. Bodiker, J. Joseph Bodine (briefed), Ohio Public Defender's Office, Columbus, OH, for Amici Curiae.

Before SILER and COLE, Circuit Judges; STAFFORD, District Judge.

COLE, J., delivered the opinion of the court, in which SILER, J., joined. STAFFORD, D.J. (pp. 931-934), delivered a separate dissenting opinion.

OPINION

COLE, Circuit Judge.

Petitioner-appellant Guy Billy Lee Scott, an inmate at the Ross Correctional Institution in Chillicothe, Ohio, appeals the district court's sua sponte order dismissing his petition for a writ of habeas corpus. The district court dismissed Scott's habeas petition as barred...

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