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DEC 17 2002
PATRICK FISHER
Clerk
No. 02-3209
(District of Kansas)
(D.C. No. 01-CV-3396-DES)
Respondents-Appellees.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
*
may be taken from the denial of a 2254 petition unless the petitioner first
obtains a COA). The district court concluded that Anthonys petition was
untimely under the Antiterrorism and Effective Death Penalty Act of 1996 and
dismissed it with prejudice.
See
forth in the magistrate judges report and recommendation dated January 11,
2002 and the district courts order dated June 7, 2002, and
Michael R. Murphy
Circuit Judge
-3-