DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

113227P.pdf   07/27/2012  Oakley Bernard Engesser  v.  Robert Dooley
   U.S. Court of Appeals Case No:  11-3227
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Murphy, Author, with Benton and Shepherd, Circuit Judges]
   Prisoner case - habeas. District court erred in granting Engesser habeas
   relief; Engesser could not satisfy the requirement of 28 U.S.C. Sec.
   2244(b)(2)(B)(I) that the factual predicate for his ineffective assistance of
   counsel claim was not previously discoverable, and he cannot bring this
   claim in a successive petition.