Gauthier v. State of Oklahoma

Tenth Circuit

Gauthier v. State of Oklahoma

112 F. App'x 732

Court of Appeals for the Tenth Circuit·Decided October 22, 2004·No. 04-5082·Published

Opinion

ORDER

EBEL, Circuit Judge.

The petition for rehearing filed in this court on November 3, 2004, is GRANTED. Our previous order in this case, filed on October 22, 2004, is VACATED. We AFFIRM the district court’s denial of a certificate of appealability to the petitioner because the petitioner has failed to exhaust his state remedies. It now appears that the petitioner is in the process of exhausting his state remedies in the Oklahoma state courts. Thus, the dismissal of his habeas petition is WITHOUT PREJUDICE.

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ORDER

EBEL, Circuit Judge.

The petition for rehearing filed in this court on November 3, 2004, is GRANTED. Our previous order in this case, filed on October 22, 2004, is VACATED. We AFFIRM the district court’s denial of a certificate of appealability to the petitioner because the petitioner has failed to exhaust his state remedies. It now appears that the petitioner is in the process of exhausting his state remedies in the Oklahoma state courts. Thus, the dismissal of his habeas petition is WITHOUT PREJUDICE.

Gauthier v. State of Oklahoma, 112 F. App'x 732 (10th Cir. 2004).

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