Doshier

Doshier v. Oklahoma

Good Law
67 F. App'x 499
United States Court of Appeals for the Ninth CircuitMay 15, 2003No. 02-7151California972 words

Opinion

Lead Opinion

Hartz, J.

ORDER

Larry Joe Doshier, a state prisoner appearing pro se, seeks a certificate of appealability (COA) that would allow him to appeal the district court’s order dismissing his application for a writ of habeas corpus under 28 U.S.C. § 2254 for failure to exhaust state remedies. See 28 U.S.C. § 2253 (c)(1)(A). He has also filed with this court a “Petition for Writ of Coram Nobis” challenging his conviction. We deny Mr. Doshier’s request for a COA, deny his petition for a writ of error coram nobis, and dismiss the appeal.

On December 8, 2000, Mr. Doshier pleaded guilty to one count of manufacturing a controlled dangerous substance and was sentenced to 20 years’ imprisonment. Apparently, he did not directly appeal his conviction or seek relief under Oklahoma’s Post Conviction Procedure Act, Okla. Stat. tit. 22, §§ 1080 1089. Instead, on December 27, 2001, Mr. Doshier filed in the District Court of Seminole County, Oklahoma, a petition for a writ of habeas corpus (which is a different remedial process from an application for relief under Oklahoma’s post-conviction statute, see Okla. Stat. tit. 22, Ch. 18, App. R. 10.6(C)(1)). His petition was denied in a one-paragraph order dated…

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