Filed: Oct. 22, 2004
Latest Update: Feb. 21, 2020
Summary: F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS NOV 10 2004 TENTH CIRCUIT PATRICK FISHER Clerk JOHN CHARLES GAUTHIER, Petitioner - Appellant, v. No. 04-5082 (D.C. No. 04-CV-387-EA(J)) STATE OF OKLAHOMA and JESSE (N.D. Okla.) T. SUTTER, JR., Warden, Respondents - Appellees. ORDER Before EBEL, MURPHY and McCONNELL, Circuit Judges. The petition for rehearing filed in this court on November 3, 2004, is GRANTED. Our previous order in this case, filed on October 2
Summary: F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS NOV 10 2004 TENTH CIRCUIT PATRICK FISHER Clerk JOHN CHARLES GAUTHIER, Petitioner - Appellant, v. No. 04-5082 (D.C. No. 04-CV-387-EA(J)) STATE OF OKLAHOMA and JESSE (N.D. Okla.) T. SUTTER, JR., Warden, Respondents - Appellees. ORDER Before EBEL, MURPHY and McCONNELL, Circuit Judges. The petition for rehearing filed in this court on November 3, 2004, is GRANTED. Our previous order in this case, filed on October 22..
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F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS NOV 10 2004 TENTH CIRCUIT PATRICK FISHER Clerk JOHN CHARLES GAUTHIER, Petitioner - Appellant, v. No. 04-5082 (D.C. No. 04-CV-387-EA(J)) STATE OF OKLAHOMA and JESSE (N.D. Okla.) T. SUTTER, JR., Warden, Respondents - Appellees. ORDER Before EBEL, MURPHY and McCONNELL, Circuit Judges. 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. ENTERED FOR THE COURT David M. Ebel Circuit Judge -2-
