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McBride v. Grubbs, 10th Cir. (2001)
McBride v. Grubbs, 10th Cir. (2001)
TENTH CIRCUIT
FEB 5 2001
PATRICK FISHER
Clerk
ISAAC MCBRIDE,
Petitioner-Appellant,
No. 00-6257
v.
W.D. Okla.
Respondent-Appellee.
ORDER AND JUDGMENT
**
Isaac McBride, a state prisoner proceeding pro se, appeals the district
courts denial of his application for a certificate of appealability pursuant to 28
U.S.C. 2253(c)(1)(A). Mr. McBride was convicted by an Oklahoma state court
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
*
After examining the briefs and appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2)(c); 10th Cir. R.
34.1(G). The case is therefore ordered submitted without oral argument.
**
McBrides federal habeas petition was filed on March 16, 2000, more than eight
months after the one-year period had expired.
We agree with the conclusions of the district court. We also note that Mr.
McBrides brief, which we construe liberally pursuant to
U.S. 519, 520-21 (1972) (per curiam), suggests no basis for equitable tolling,
because he has not demonstrated any extraordinary way in which he has been
prevented from asserting his rights.
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