BAILEY v. CAIN

No. 08-31222.

609 F.3d 763 (2010)

Anthony G. BAILEY, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 21, 2010.


Attorney(s) appearing for the Case

Anthony G. Bailey, Angola, LA, pro se.

Elizabeth Ann Engolio, Plaquemine, LA, for Cain.

Before JONES, Chief Judge, and KING and HAYNES, Circuit Judges.


HAYNES, Circuit Judge:

Anthony G. Bailey, Louisiana prisoner # 297843, was convicted of attempted second degree murder and sentenced to a life term of imprisonment as a habitual offender. Bailey filed the instant 28 U.S.C. § 2254 application to challenge his conviction. For the reasons set forth below, we DISMISS his appeal of the original order denying habeas relief and AFFIRM the denial of his Rule 60(b) motion.

I. Facts and Proceedings

Because...

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