Court of Appeals for the Tenth Circuit June 13, 1995, 94-6294 (Rickke L. Green v. Dan Reynolds Attorney General of the State of Oklahoma)

EBEL, Circuit Judge.

Petitioner appeals from a district court order dismissing his 28 U.S.C. § 2254 petition as an abuse of the writ under Rule 9(b) of the Rules Governing § 2254 Cases.

1

We review the district court’s factual findings for clear error and its legal conclusions de novo.

See Thomas v. Kerby,

44 F.3d 884, 886 (10th Cir.1995).