Legal Opinion
Kenneth Wayne Magouirk v. Michael Phillips, Warden, Winn Correctional Center and Richard P. Ieyoub, Attorney General, State of Louisiana
Court of Appeals for the Fifth Circuit
Decided June 18, 1998No. 96-31049PublishedCited by 172 opinions
1Opinion of the Court
DeMOSS, Circuit Judge:
Kenneth Wayne Magouirk appeals from the district court’s order dismissing his 28 U.S.C. § 2254 petition for habeas corpus relief. Magouirk raised five claims for federal review. The district court, acting on the recommendation of a Magistrate Judge who raised Magouirk’s procedural default of three claims sua sponte, applied Magouirk’s default to bar federal litigation of those three claims. Magouirk maintains that the Magistrate Judge and the federal district court were without authority to raise procedural default sua sponte. We hold that a federal district court has…
2Cases cited46 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Townsend v. SainSupreme Court of the United States · 1963
- Lindh v. MurphySupreme Court of the United States · 1997
- Granberry v. GreerSupreme Court of the United States · 1987
- United States v. Michael G. Thevis, Alton Bart Hood, Global Industries, Inc., Anna Jeanette EvansCourt of Appeals for the Fifth Circuit · 1982
41 more not listed; retrieve them via the Exa API.
3Cited by172 opinions
- Day v. McDonoughSupreme Court of the United States · 2006
- Dewey W. Carson v. Luella BurkeCourt of Appeals for the Sixth Circuit · 1999
- Charles L. Lorraine v. Ralph Coyle, WardenCourt of Appeals for the Sixth Circuit · 2002
- Rolando Gus Paez v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2020
- Frank E. Adams v. Flora J. Holland, WardenCourt of Appeals for the Sixth Circuit · 2003
167 more not listed; retrieve them via the Exa API.