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O'NEAL v. KENNY

No. 06-3893.

501 F.3d 969 (2007)

Keva Tyree O'NEAL, Appellant, v. Michael KENNY, Warden, Nebraska State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 6, 2007.

Attorney(s) appearing for the Case

James C. Streker, argued, Columbus, NE, for appellant.

J. Kirk Brown, argued, Lincoln, NE, for appellee.

Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

SMITH, Circuit Judge.

Keva Tyree O'Neal seeks federal habeas corpus relief from a 1997 Nebraska criminal judgment. The district court1 denied relief, concluding that his petition was time barred and violated the Antiterrorism and Effective Death Penalty Act's (AEDPA) prohibition against filing multiple habeas petitions. The district court, however, did grant O'Neal's application for a certificate of appealability. We affirm.

I...

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