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COPPAGE v. McKUNE

No. 08-3069.

534 F.3d 1279 (2008)

Ronnell G. COPPAGE, Petitioner-Appellant, v. David R. McKUNE, Warden, Lansing Correctional Facility; Stephen Six, Attorney General, State of Kansas, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

July 24, 2008.

Attorney(s) appearing for the Case

Ronnell G. Coppage, Lansing, KS, pro se.

Kristopher Ailslieger, Jared S. Maag, Attorney General for the State of Kansas, Topeka, KS, for Respondents-Appellees.

Before BRISCOE, MURPHY, and HARTZ, Circuit Judges.

ORDER DENYING CERTIFICATE OF APPEALABILITY

HARRIS L. HARTZ, Circuit Judge.

The district court dismissed as untimely the application under 28 U.S.C. § 2254 of Ronnell G. Coppage. Mr. Coppage does not contest that he failed to file his application within the statutory limitations period but claims entitlement to equitable tolling because of delayed notice by the Kansas Supreme Court of its denial of his second motion for postconviction relief. Because...

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