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    Anthony Ray Jenkins v. Don Scott, County Attorney, Judge Tom Smith and Judge Keith Wilson, 74 F.3d 1249, 10th Cir. (1996)

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    The United States Court of Appeals for the Tenth Circuit denied Anthony Ray Jenkins's application for a certificate of probable cause and motion to proceed in forma pauperis in his appeal of the district court's denial of his habeas corpus petition. The appellate court agreed with the district court's analysis construing Jenkins's claim as both a habeas petition and a civil rights action, and found that Jenkins failed to make the necessary showing to warrant issuance of a certificate or permission to proceed in forma pauperis. As a result, the court dismissed the appeal.

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    Anthony Ray Jenkins v. Don Scott, County Attorney, Judge Tom Smith and Judge Keith Wilson, 74 F.3d 1249, 10th Cir. (1996)

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    The United States Court of Appeals for the Tenth Circuit denied Anthony Ray Jenkins's application for a certificate of probable cause and motion to proceed in forma pauperis in his appeal of the district court's denial of his habeas corpus petition. The appellate court agreed with the district court's analysis construing Jenkins's claim as both a habeas petition and a civil rights action, and found that Jenkins failed to make the necessary showing to warrant issuance of a certificate or permission to proceed in forma pauperis. As a result, the court dismissed the appeal.

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    Filed: 1996-01-04 Precedential Status: Precedential Citations: 74 F.3d 1249 Docket: 95-3205

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    The United States Court of Appeals for the Tenth Circuit denied Anthony Ray Jenkins's application for a certificate of probable cause and motion to proceed in forma pauperis in his appeal of the district court's denial of his habeas corpus petition. The appellate court agreed with the district court's analysis construing Jenkins's claim as both a habeas petition and a civil rights action, and found that Jenkins failed to make the necessary showing to warrant issuance of a certificate or permission to proceed in forma pauperis. As a result, the court dismissed the appeal.

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    10 views2 pages

    Anthony Ray Jenkins v. Don Scott, County Attorney, Judge Tom Smith and Judge Keith Wilson, 74 F.3d 1249, 10th Cir. (1996)

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    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit denied Anthony Ray Jenkins's application for a certificate of probable cause and motion to proceed in forma pauperis in his appeal of the district court's denial of his habeas corpus petition. The appellate court agreed with the district court's analysis construing Jenkins's claim as both a habeas petition and a civil rights action, and found that Jenkins failed to make the necessary showing to warrant issuance of a certificate or permission to proceed in forma pauperis. As a result, the court dismissed the appeal.

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    of 2

    74 F.

    3d 1249
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    Anthony Ray JENKINS, Plaintiff-Appellant,


    v.
    Don SCOTT, County Attorney, Judge Tom Smith and Judge
    Keith
    Wilson, Defendants-Appellees.
    No. 95-3205.

    United States Court of Appeals, Tenth Circuit.


    Jan. 4, 1996.

    Before TACHA, LOGAN, and KELLY, Circuit Judges.

    ORDER AND JUDGMENT1


    LOGAN, Judge
    1

    This matter is before the court on petitioner Anthony Ray Jenkins's application
    for a certificate of probable cause and motion to be allowed to proceed on
    appeal in forma pauperis. The right of a petitioner convicted of a state crime to
    appeal a federal district court's denial of habeas corpus relief is conditioned
    upon either the district court or this court granting a certificate of probable
    cause. See 28 U.S.C. 2253.

    The Supreme Court in Barefoot v. Estelle, 463 U.S. 880, 892-93 (1983),
    declared that the "primary means of separating meritorious from frivolous
    [habeas corpus] appeals should be the decision to grant or withhold a certificate
    of probable cause." We will not grant such a certificate unless the petitioner
    makes "a substantial showing of the denial of an important federal right by

    demonstrating that the issues raised are debatable among jurists, that a court
    could resolve the issues differently, or that the questions deserve further
    proceedings." Gallagher v. Hannigan, 24 F.3d 68 (10th Cir.1994) (citing
    Barefoot, 463 U.S. at 893 & n. 4).
    3

    Construing petitioner's claim as both a petition for writ of habeas corpus and a
    civil rights action under 42 U.S.C.1983, the district court correctly analyzed the
    case in its order of May 23, 1995, and we can add nothing to that analysis.

    We conclude that petitioner has failed to make the necessary showing to


    warrant our issuance of a certificate of probable cause or to permit him to
    proceed on appeal in forma pauperis. Therefore, we deny his application and
    motion and DISMISS the appeal.

    The mandate shall issue forthwith.

    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

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