Legal Opinion

United States v. Duran

Court of Appeals for the Tenth Circuit

Decided January 5, 2012No. 11-4137UnpublishedCited by 1 opinion

1Opinion of the Court

ORDER DENYING CERTIFICATE OF APPEALABILITY *

JEROME A. HOLMES, Circuit Judge.

James Duran, a federal prisoner proceeding pro se, 1 seeks to appeal from the district court’s denial of his Fed.R.Civ.P. (“Rule”) 60(b) motion that sought reconsideration of his previously denied motion under 28 U.S.C. § 2255. Mr. Duran requests a certificate of appealability (“COA”) and leave to proceed in forma pauperis (“IFP”) on appeal. For the reasons stated below, we DENY Mr. Duran’s request for a COA, DENY Mr. Duran’s motion to proceed IFP, and DISMISS this matter.

I. BACKGROUND

Following a jury trial, Mr. Duran…

2Cases cited19 opinions

  1. Erickson v. PardusSupreme Court of the United States · 2007
  2. Slack v. McDanielSupreme Court of the United States · 2000
  3. Garrett v. Selby Connor Maddux & JanerCourt of Appeals for the Tenth Circuit · 2005
  4. Marcus Allan McIntosh v. United States Parole CommissionCourt of Appeals for the Tenth Circuit · 1997
  5. In Re ClineCourt of Appeals for the Tenth Circuit · 2008

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3Cited by1 opinion

  1. United States v. HopkinsCourt of Appeals for the Tenth Circuit · 2019

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