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DAVIS v. MILLER

No. 07-7062.

571 F.3d 1058 (2009)

Alvin Leslie DAVIS, Jr., Petitioner-Appellant, v. David C. MILLER, Warden of the Lawton Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 7, 2009.

Attorney(s) appearing for the Case

Steven M. Presson of Presson Law Office, Norman, OK, for Petitioner-Appellant.

W.A. Drew Edmondson, Attorney General, and Keeley L. Harris, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.

Before TACHA, HOLLOWAY, and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Alvin Leslie Davis, Jr., appeals the district court's sua sponte dismissal of his 28 U.S.C. § 2254 petition for habeas corpus relief. We granted a certificate of appealability to decide whether the court abused its discretion in dismissing his petition under Federal Rules Civil Procedure 41(b) for failure to comply with the court's orders. We reverse and remand.

I.

Mr. Davis...

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