Allen Langley v. State of IA ( 1997 )


Menu:
  •                           United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 96-2340
    ___________
    Allen Langley,                          *
    *
    Appellant,                 *
    * Appeal from the United States
    v.                                * District Court for the
    * Southern District of Iowa.
    State of Iowa,                          *
    *    [UNPUBLISHED]
    Appellee.                  *
    ___________
    Submitted: September 23, 1997
    Filed: October 8, 1997
    ___________
    Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.
    ___________
    PER CURIAM.
    Allen Langley, an Iowa prisoner, appeals the district court&s1 grant of summary
    judgment against him in his 28 U.S.C. § 2254 action. Langley challenges the district
    court&s determination that there exists no cause to excuse his procedural default.
    Specifically, Langley claims that he mailed his habeas petition--which he labeled a
    “Petition Under 28 U.S.C. 2254 For Writ of Habeas Corpus By a Person in State
    1
    The Honorable Donald E. O&Brien, United States District Judge for the Northern
    District of Iowa.
    Custody, United States District Court”--to the state court, that the state court mailed
    it to the federal district court rather than filing it as a state post-conviction motion, and
    that the state court&s conduct should excuse his procedural default.
    After de novo review of the record, we agree that Langley&s claims are barred
    from habeas review absent a showing of cause and prejudice or a fundamental
    miscarriage of justice. See Lamp v. Iowa, No. 96-2946, slip op. at 5-7 (8th Cir. Aug.
    13, 1997). Although sufficient interference by the State may constitute cause in some
    circumstances, see Joubert v. Hopkins, 
    75 F.3d 1232
    , 1242 (8th Cir.), cert. denied, 
    116 S. Ct. 2574
    (1996), we conclude this case does not present such a circumstance.
    Accordingly, we affirm the judgment of the district court.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 96-2340

Filed Date: 10/8/1997

Precedential Status: Non-Precedential

Modified Date: 10/13/2015