U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

Allen v. Zavaras, No. 07-1501

The dismissal of Petitioner's habeas petition is affirmed, where the District Court was not required to seek a response to the petition from the government before dismissing the action for failure to exhaust state remedies.

Read the full decision in Allen v. Zavaras, No. 07-1501.

Appellate Information:

Appeal from the United States District Court for the District of Colorado
(D.C. No. 07-CV-02052-ZLW)
Decided on June 15, 2009


Before LUCERO, ANDERSON and O'BRIEN, Circuit Judges.

Opinion by O'BRIEN, Circuit Judge.


Robert Seldis Berger of Robert S. Berger, P.C., Denver, Colorado for Petitioner -

Laurie Booras, First Assistant Attorney General, (John W. Suthers, Attorney
General of the State of Colorado with her on the briefs), Denver, Colorado, for
Respondents - Appellees.