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Allen Langley v. State of IA, 96-2340 (1997)

Court: Court of Appeals for the Eighth Circuit Number: 96-2340 Visitors: 8
Filed: Oct. 08, 1997
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 96-2340 _ Allen Langley, * * Appellant, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. State of Iowa, * * [UNPUBLISHED] Appellee. * _ Submitted: September 23, 1997 Filed: October 8, 1997 _ Before BOWMAN, MAGILL, and LOKEN, Circuit Judges. _ PER CURIAM. Allen Langley, an Iowa prisoner, appeals the district court&s1 grant of summary judgment against him in his 28 U.S.C. § 2254 action. Langley ch
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                          United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT

                                   ___________

                                   No. 96-2340
                                   ___________

Allen Langley,                          *
                                        *
             Appellant,                 *
                                        * Appeal from the United States
      v.                                * District Court for the
                                        * Southern District of Iowa.
State of Iowa,                          *
                                        *    [UNPUBLISHED]
             Appellee.                  *
                                   ___________

                           Submitted: September 23, 1997
                               Filed: October 8, 1997
                                   ___________

Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.
                           ___________

PER CURIAM.


       Allen Langley, an Iowa prisoner, appeals the district court&s1 grant of summary
judgment against him in his 28 U.S.C. § 2254 action. Langley challenges the district
court&s determination that there exists no cause to excuse his procedural default.
Specifically, Langley claims that he mailed his habeas petition--which he labeled a
“Petition Under 28 U.S.C. 2254 For Writ of Habeas Corpus By a Person in State


      1
        The Honorable Donald E. O&Brien, United States District Judge for the Northern
District of Iowa.
Custody, United States District Court”--to the state court, that the state court mailed
it to the federal district court rather than filing it as a state post-conviction motion, and
that the state court&s conduct should excuse his procedural default.

       After de novo review of the record, we agree that Langley&s claims are barred
from habeas review absent a showing of cause and prejudice or a fundamental
miscarriage of justice. See Lamp v. Iowa, No. 96-2946, slip op. at 5-7 (8th Cir. Aug.
13, 1997). Although sufficient interference by the State may constitute cause in some
circumstances, see Joubert v. Hopkins, 
75 F.3d 1232
, 1242 (8th Cir.), cert. denied, 
116 S. Ct. 2574
(1996), we conclude this case does not present such a circumstance.

       Accordingly, we affirm the judgment of the district court.

       A true copy.

              Attest:

                      CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




                                            -2-

Source:  CourtListener

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