Legal Opinion
Davis v. Miller
Court of Appeals for the Tenth Circuit
Decided July 7, 2009No. 07-7062PublishedCited by 262 opinions
1Opinion of the Court
SEYMOUR, Circuit Judge.
Alvin Leslie Davis, Jr., appeals the district court’s sua sponte dismissal of his 28 U.S.C. § 2254 petition for habeas corpus relief. We granted a certificate of appeal-*1060ability to decide whether the court abused its discretion in dismissing his petition under Federal Rules Civil Procedure 41(b) for failure to comply with the court’s orders. We reverse and remand.
I
Mr. Davis was tried and sentenced in the district court of McIntosh County, Oklahoma. His first trial ended in a hung jury; at the second trial, he was found guilty of first degree murder and sentenced to life…
2Cases cited13 opinions
- Nasious v. Two Unknown B.I.C.E. AgentsCourt of Appeals for the Tenth Circuit · 2007
- Olsen v. MapesCourt of Appeals for the Tenth Circuit · 2003
- Kenneth Ray Meade v. Grubbs, Badge No. 128, Individually and as a Deputy Sheriff of the County of OklahomaCourt of Appeals for the Tenth Circuit · 1988
- Ocelot Oil Corporation v. Sparrow IndustriesCourt of Appeals for the Tenth Circuit · 1988
- Ehrenhaus v. ReynoldsCourt of Appeals for the Tenth Circuit · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by262 opinions
- Gustafson v. LukeCourt of Appeals for the Tenth Circuit · 2017
- Shue v. LampertCourt of Appeals for the Tenth Circuit · 2014
- Abney v. Philip Morris USA Inc.District Court, D. New Mexico · 2024
- Alonso v. BarhamDistrict Court, D. New Mexico · 2020
- Amanda Kaye Bachman v. Judge Cameron M. BeechDistrict Court, D. Utah · 2026
257 more not listed; retrieve them via the Exa API.