Legal Opinion

Evans v. Province

Court of Appeals for the Tenth Circuit

Decided June 26, 2009No. 08-6272Published

1Opinion of the Court

ORDER DENYING CERTIFICATE OF APPEALABILITY

MICHAEL R. MURPHY, Circuit Judge.

This matter is before the court on Harlan Evans’s pro se requests for a certificate of appealability (“COA”) and to proceed on appeal in forma pauperis. Evans seeks a COA so he can appeal the district court’s denial of his 28 U.S.C. § 2254 petition. 28 U.S.C. § 2253(c)(1)(A). We grant Evans’s request to proceed on appeal in forma pauperis. Because Evans has not, however, “made a substantial showing of the denial of a constitutional right,” id. § 2253(c)(2), this court denies his request for a COA and dismisses this…

2Cases cited2 opinions

  1. Miller-El v. CockrellSupreme Court of the United States · 2003
  2. Evans v. StateCourt of Criminal Appeals of Oklahoma · 2007

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