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ALLEN v. ZAVARAS

No. 07-1501.

568 F.3d 1197 (2009)

Edward ALLEN, Petitioner-Appellant, v. Ari ZAVARAS, Executive Director, DOC, and John Suthers, Attorney General of the State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

June 15, 2009.

Attorney(s) appearing for the Case

Robert Seldis Berger of Robert S. Berger, P.C., Denver, CO, for Petitioner-Appellant.

Laurie Booras, First Assistant Attorney General, (John W. Suthers, Attorney General of the State of Colorado with her on the briefs), Denver, CO, for Respondents-Appellees.

Before LUCERO, ANDERSON and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

Edward Allen appeals from the district court's sua sponte dismissal of his 28 U.S.C. § 2254 petition for failure to exhaust state remedies. We grant a certificate of appealability (COA) on a single, narrow issue—whether the district court erred in sua sponte dismissing Allen's habeas petition without requesting a response from the government. We affirm.

I. BACKGROUND

Allen was convicted in state court...

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