Fleenor v. Scott

ORDER AND JUDGMENT*

EBEL, Circuit Judge.

Petitioner-Appellant David R. Fleenor was convicted of Murder in the First Degree by an Oklahoma jury and sentenced to life in prison without the possibility of parole. On December 8, 2000, Fleenor filed, pursuant to 28 U.S.C. § 2254, a Petition for Writ of Habeas Corpus in the United States District Court for the Western District of Oklahoma. A United States magistrate judge reviewed Flee-nor’s petition and recommended that it be dismissed as untimely under 28 U.S.C. § 2244(d)(1). Although the magistrate judge’s report and recommendation acknowledged…