Vaughn v. Bolt

ORDER AND JUDGMENT *

Monroe G. McKay, Circuit Judge

Petitioner Greg Vaughn, an Oklahoma state prisoner appearing pro se, seeks a certificate of appealability to appeal the district court’s dismissal of his 28 U.S.C. § 2254 petition as time-barred. In dismissing Petitioner’s application, the district court failed to consider Petitioner’s arguments that his claims of incompetence and fraud on the court cannot be time-barred under this court’s precedents. We therefore grant the request for a certificate of appealability and reverse and remand this case to the district court to address these…