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.
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.