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FLEMING v. EVANS

No. 06-6110.

481 F.3d 1249 (2007)

Kipton FLEMING, Petitioner-Appellant, v. Edward L. EVANS, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

April 3, 2007.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Kipton Fleming, pro se.

W.A. Drew Edmondson, Attorney General of Oklahoma, and Jay Schniederjan, Assistant Attorney General, Office of the Attorney General for the State of Oklahoma, Oklahoma City, OK, for Appellee.

Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.

TACHA, Chief Circuit Judge.

Petitioner-Appellant Kipton Fleming, a state prisoner appearing pro se, seeks a certificate of appealability ("COA") to appeal the District Court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The District Court did not address Mr. Fleming's substantive claims but instead dismissed the petition as untimely. We take jurisdiction under 28 U.S.C. §§ 1291 and 2253, grant his application for...

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