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KEITH v. BOBBY

No. 09-3871.

618 F.3d 594 (2010)

Kevin KEITH, Petitioner-Appellant, v. David BOBBY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 31, 2010.

Attorney(s) appearing for the Case

ARGUED: David E. Mills , The Mills Law Office, Cleveland, Ohio, for Appellant. Seth P. Kestner , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

ON BRIEF: Rachel G. Troutman , Tyson L. Fleming I , Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Seth P. Kestner , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

BOGGS, J., delivered the opinion of the court. CLAY (p. 601), and GIBBONS (pp. 601-02), JJ., delivered separate opinions concurring in the judgment.

OPINION

BOGGS, Circuit Judge.

Kevin Keith filed a petition for habeas corpus in federal district court. The district court concluded that the petition was "second or successive" and transferred Keith's case to this court for determination of whether Keith should be permitted to file the petition under 28 U.S.C. § 2244(b). This court denied Keith permission to file his petition. See Keith v. Bobby, 551 F.3d 555<...

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