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 litigat…
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