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CLAYTON v. JONES

No. 11-7000.

700 F.3d 435 (2012)

James Edward CLAYTON, Petitioner-Appellee, v. Justin JONES, DOC Director, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

November 16, 2012.

Attorney(s) appearing for the Case

E. Scott Pruitt , Attorney General, and Dianne L. Slayton , Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, on the briefs for Respondent-Appellant.

Fred P. Gilbert of Tulsa, OK, on the brief for Petitioner-Appellee.

Before BRISCOE, Chief Judge, SEYMOUR, and EBEL, Circuit Judges.

SEYMOUR, Circuit Judge.

James Clayton, a state prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, contending he received ineffective assistance of counsel when his attorney ignored his repeated instructions to file an appeal after he pled guilty. The magistrate judge found that Mr. Clayton's attorney disregarded his request to file an appeal and recommended that the district court conditionally grant the writ and order that Mr. Clayton...

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