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KILGORE v. ATTORNEY GENERAL OF COLORADO

No. 07-1014.

519 F.3d 1084 (2008)

Kyle Keith KILGORE, Petitioner-Appellant, v. The ATTORNEY GENERAL of the State OF COLORADO; Al Estep, Warden, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

March 11, 2008.

Attorney(s) appearing for the Case

Rudy E. Verner (Geoffrey C. Klingsporn, with him on the briefs), Davis Graham & Stubbs, LLP, Denver, Colorado, for the Petitioner-Appellant.

Laurie A. Booras, Colorado Attorney General's office, Denver, Colorado, for the Respondents-Appellees.

Before LUCERO, MURPHY, and HARTZ, Circuit Judges.

LUCERO, Circuit Judge.

Kyle Keith Kilgore appeals the district court's sua sponte dismissal of his 28 U.S.C. § 2254 habeas petition. The court dismissed his petition without prejudice because Kilgore failed to comply with two prior orders directing him to show that his petition was timely under the one-year limitation period set forth in the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). See § 2244(d). We granted a Certificate of...

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