MURPHY v. WARDEN

Nos. 07-7068 15-7041.

875 F.3d 896 (2017)

Patrick Dwayne MURPHY, Petitioner-Appellant, v. Terry Royal WARDEN, Oklahoma State Penitentiary, Respondent-Appellee. Muscogee (Creek) Nation; Seminole Nation of Oklahoma; Keetoowah Band of Cherokee Indians, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

November 9, 2017.


Attorney(s) appearing for the Case

Patti Palmer Ghezzi , Assistant Federal Public Defender ( Randy A. Bauman and Michael Lieberman , Assistant Federal Public Defenders, with her on the briefs), Office of the Federal Public Defender, Oklahoma City, Oklahoma, appearing for Appellant.

Jennifer L. Crabb , Assistant Attorney General ( E. Scott Pruitt , Attorney General, and Jared B. Haines , Assistant Attorney General, with her on the brief), Office of the Attorney General for the State of Oklahoma, Oklahoma City, Oklahoma, appearing for Appellee.

David A. Giampetroni , Kanji & Katzen, PLLC, Ann Arbor, Michigan ( Kevin Dellinger , Attorney General, and Lindsay Dowell , Assistant Attorney General, Muscogee (Creek) Nation, Okmulgee, Oklahoma; D. Michael McBride III , Attorney General, and Christina Vaughn , Assistant Attorney General, Seminole Nation of Oklahoma, Crowe & Dunlevy, Tulsa, Oklahoma; and Philip H. Tinker and Riyaz A. Kanji , Kanji & Katzen, Ann Arbor, Michigan, with him on the briefs), appearing for amici Muscogee (Creek) Nation and Seminole Nation of Oklahoma.

Klint A. Cowan , Fellers, Snider, Blankenship, Bailey & Tippens, P.C., Oklahoma City, Oklahoma, appearing for amicus United Keetoowah Band of Cherokee Indians in Oklahoma.

Before TYMKOVICH, Chief Judge, MATHESON, and PHILLIPS, Circuit Judges.


ORDER

These matters are before the court on the respondent's Petition for Panel Rehearing or Rehearing En Banc. We also have responses from the petitioner and the United Keetoowah Band of Cherokee Indians, in addition to amici curiae briefs from the United States and The Muscogee (Creek) Nation. We also have several motions pending seeking to file additional amici curiae briefs.

Upon consideration, the request for panel rehearing is denied by the...

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