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McCORMICK v. KLINE

No. 07-3213.

572 F.3d 841 (2009)

Dale E. McCORMICK, Petitioner-Appellant, v. Phil KLINE, Attorney General; David McCune, Warden, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

July 14, 2009.

Attorney(s) appearing for the Case

Stephen Kessler, Topeka, KS (Dale E. McCormick, pro se, with him on the briefs), for Petitioner-Appellant Dale E. McCormick.

Jared Maag, Deputy Solicitor General, Topeka, KS, for Respondents-Appellees Phil Kline and David McKune.

Before McCONNELL, EBEL and GORSUCH, Circuit Judges.

EBEL, Circuit Judge.

Kansas prisoner Dale McCormick ("McCormick") appeals the district court's dismissal of his pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. The district court dismissed the petition on the ground that McCormick is no longer in custody for the 2001 convictions he challenges, and thus that the court lacked jurisdiction to hear his claims. The district court granted McCormick a Certificate of Appealability ("COA") on...

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