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PEOPLES v. CHATMAN

No. 03-12384.

393 F.3d 1352 (2004)

Johnny PEOPLES, Petitioner-Appellant, v. Bruce CHATMAN, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 20, 2004.

Attorney(s) appearing for the Case

Allison Veronica Dawson (Fed. Pub. Def.), Fed. Def. Program, Atlanta, GA, for Petitioner-Appellant.

Paula Khristian Smith, Ruth M. Pawlak, GA Dept. of Law, Atlanta, GA, for Respondent-Appellee.

Before ANDERSON and WILSON, Circuit Judges, and OWENS, District Judge.

PER CURIAM:

Johnny Peoples appeals the district court's dismissal of his petition for writ of habeas corpus, brought pursuant to 28 U.S.C. § 2241. We issued a Certificate of Appealability ("COA") on two issues: 1) Whether the district court erred in treating appellant's petition as seeking relief under 28 U.S.C. § 2241? and 2) Whether the district court erred in dismissing appellant's petition, treated as one filed pursuant to 28 U.S.C. § 2241, as time...

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