John DOE, Petitioner-Appellant,
v.
Justin JONES, Director; Oklahoma Department of Corrections; E. Scott Pruitt, Attorney General, State of Oklahoma, Respondents-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
August 12, 2014.
August 12, 2014.
Attorney(s) appearing for the Case
Claudia Van Wyk , Federal Community Defender, Eastern District of Pennsylvania, Philadelphia, PA ( Robert R. Nigh, Jr. , Brewster & De Angelis, P.L.L.C., Tulsa, OK, with her on the briefs), for Petitioner-Appellant.
Seth S. Branham , Assistant Attorney General ( E. Scott Pruitt , Attorney General), State of Oklahoma, Oklahoma City, OK, for Respondents-Appellees.
Before HARTZ, SEYMOUR, and TYMKOVICH, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
SEYMOUR, Circuit Judge.
Petitioner John Doe,1 a federal prisoner, filed this first habeas petition pursuant to 28 U.S.C. § 2254 and an almost identical post-conviction relief application in state court, challenging the constitutionality of a prior Oklahoma state court conviction based on evidence of actual innocence. He also filed a motion to abate this § 2254 action pending state court exhaustion of his claims. The district...
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