Court of Appeals for the Eighth Circuit February 28, 1997, 96-1767 (Joe Kenneth Andrews v. Larry Norris, Director, Arkansas Department of Correction)

MURPHY, Circuit Judge.

Joe Kenneth Andrews appeals from a judgment

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dismissing his third petition for habeas corpus because it was procedurally barred. We affirm.

Andrews was convicted in Arkansas in 1990 of murder and sentenced to forty years in prison. No appeal was filed, and Andrews claims that his attorney ignored his instruction to file one.