Michael R. Dulin v. Gerald Cook and Gary W. Deland

McKAY, Chief Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

This appeal arises from the district court’s denial of Petitioner’s Writ of Habe-as Corpus. The district court determined that Petitioner failed to exhaust state review of his habeas claims and that he is now procedurally barred from doing so. Thus, the district court concluded Petitioner had procedurally…