United States Tenth Circuit

The dismissal of Petitioner's habeas petition is affirmed, where the District Court was not required to seek a response to the petition from the government before dismissing the action for failure to exhaust state remedies.

Appellate Information

• Decided 06/15/2009
• Published 06/15/2009

Judges

• O'BRIEN, Circuit Judge., Before LUCERO, ANDERSON and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Robert Seldis Berger of Robert S. Berger, P.C., Denver, CO, for Petitioner-Appellant.


• For Appellees:
  
• Laurie Booras, First Assistant Attorney General, (John W. Suthers, Attorney General of the State of Colorado with her on the briefs), Denver, CO, for Respondents-Appellees.