John Hayes, III v. Mark Carver

GREGORY, Chief Judge:

Petitioner John R. Hayes, III, convicted of two counts of second-degree murder and sentenced to two consecutive life terms, appeals the district court's dismissal of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 . We granted a certificate of appealability on his claim that he has made a showing of actual innocence such that the district court erred in dismissing his petition as untimely. Because Hayes has failed to meet the exacting standard for the procedural gateway claim of actual innocence, we affirm the district court's dismissal of the petition.

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