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SCUBA v. BRIGANO

No. 04-3895.

527 F.3d 479 (2007)

Robert S. SCUBA, Petitioner-Appellant, v. Anthony BRIGANO, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 27, 2007.

Attorney(s) appearing for the Case

ON BRIEF: David C. Stebbins, Law Offices, Columbus, Ohio, for Appellant. Mark Joseph Zemba, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee.

Before: KEITH and GRIFFIN, Circuit Judges; VAN TATENHOVE, District Judge.

OPINION

VAN TATENHOVE, District Judge.

Robert S. Scuba was convicted in Geauga County, Ohio, on one count of aggravated robbery and one count of felonious assault. After a lengthy appeals process, Scuba filed a petition for a writ of habeas corpus in federal district court. The district court dismissed Scuba's petition, finding that he had procedurally defaulted his state court claims. Because we agree, the dismissal of Scuba's habeas petition is affirmed...

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