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SANDOVAL v. ULIBARRI

No. 07-2082.

548 F.3d 902 (2008)

David SANDOVAL, Petitioner-Appellant, v. Robert ULIBARRI, Warden, Southern NM Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

November 24, 2008.

Attorney(s) appearing for the Case

Brian A. Pori, Albuquerque, NM, for the Petitioner-Appellant.

Steven S. Suttle, Special Counsel, Albuquerque, NM, (Gary K. King, Attorney General of New Mexico, with him on the brief), for the Respondents-Appellees.

Before LUCERO, HOLLOWAY and McCONNELL, Circuit Judges.

HOLLOWAY, Circuit Judge.

I

This appeal is from the district court's denial of a state prisoner's petition for habeas corpus relief brought under 28 U.S.C. § 2254. The district court granted a certificate of appealability on three issues. Appellant Sandoval raises as a fourth issue the denial of an evidentiary hearing in the federal district court. We have jurisdiction under 28 U.S.C. §§ 1291 &...

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