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KUENZEL v. COMMISSIONER, ALA. DEPT. OF CORRECTIONS

No. 10-10283.

690 F.3d 1311 (2012)

William Ernest KUENZEL, Petitioner-Appellant, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Attorney General of the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 17, 2012.

Attorney(s) appearing for the Case

David A. Kochman , Reed Smith, LLP, David Dretzin , Jeffrey Glen , Anderson Kill & Olick, PC, New York City, Rick Burgess, Birmingham, AL, for Petitioner-Appellant.

James Clayton Crenshaw , Luther J. Strange, III , Atty. Gen.'s Office, Montgomery, AL, James Roy Houts , The Law Office of James R. Houts, LLC, Tallahassee, AL, for Respondents-Appellees.

Before DUBINA, Chief Judge, and BARKETT and EDMONDSON, Circuit Judges.

PER CURIAM:

Petitioner William Ernest Kuenzel, a state prisoner, appeals the district court's dismissal of his habeas corpus petition under 28 U.S.C. section 2254. Because Petitioner's claims are procedurally barred under state law and he has made no attempt to demonstrate cause for — or prejudice from — his default, Petitioner cannot obtain relief without properly supporting a claim of actual innocence. Petitioner...

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