Hamm v. Saffle

LUCERO, Circuit Judge.

Robert Hamm, an Oklahoma state prisoner proceeding pro se, seeks a certificate of appealability (“COA”) pursuant to 28 U.S.C. § 2253(c) to challenge the district court’s dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus as procedurally barred. We conclude that Hamm’s petition is procedurally barred, deny a COA, and dismiss.

I

Hamm was placed in the Pre-Parole Conditional Supervision program (“PPCS”) in October 1993, and he accordingly reported to the Jericho Halfway House. In late January 1994, he received an offense report for “Individual Disruptive…