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THOMAS v. U.S. DISCIPLINARY BARRACKS

No. 09-3291.

625 F.3d 667 (2010)

Rochester THOMAS, Petitioner-Appellant, v. UNITED STATES DISCIPLINARY BARRACKS, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

November 16, 2010.

Attorney(s) appearing for the Case

Melody Evans , Assistant Federal Public Defender for the District of Kansas, and Cyd Gilman , Federal Public Defender for the District of Kansas, Topeka, KS, for Appellant.

Tanya Sue Wilson , Assistant United States Attorney for the District of Kansas, and Lanny D. Welch , United States Attorney for the District of Kansas, Topeka, KS, for Appellee.

Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Rochester Thomas, a military prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, which the district court dismissed. Thomas then voluntarily abated his appeal in this court to petition a military court to consider his claims of ineffective appellate counsel. The military court summarily denied Thomas's petition and, on remand, the district court again dismissed Thomas...

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