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Tenth Circuit Dismisses Duplicate Habeas Petition by Scribd Government Docs is a document available to read on EtoBox.

Milton L. Herd appealed the dismissal of his habeas corpus petition, which raised identical issues to a previous pending petition. The district court dismissed the second petition under Rule 4 of the rules governing habeas petitions. On appeal, Herd conceded the petitions were identical but argued they should have been consolidated rather than one dismissed. The appellate court affirmed the dismissal, finding consolidation would have enlarged only the caption size, not the scope of relief. As Herd conceded

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