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Thomas v. US Disciplinary Barracks, No. 09-3291

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By FindLaw Staff on November 16, 2010 5:04 PM

Habeas Petition by Military Prisoner

In Thomas v. US Disciplinary Barracks, No. 09-3291, a habeas petition by a military prisoner, the court affirmed the dismissal of the petition where the district court correctly applied the court of appeals' precedent in determining that petitioner's claims were not entitled to additional review because the military courts gave them full and fair consideration.

As the court wrote:  "Rochester Thomas, a military prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, which the district court dismissed. Thomas then voluntarily abated his appeal in this court to petition a military court to consider his claims of ineffective appellate counsel. The military court summarily denied Thomas's petition and, on remand, the district court again dismissed Thomas's habeas petition."

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