Legal Opinion
Dulworth v. Evans
Court of Appeals for the Tenth Circuit
Decided April 4, 2006No. 05-6351PublishedCited by 30 opinions
1Opinion of the Court
PAUL KELLY, JR., Circuit Judge.
Kenneth Dulworth, a state inmate appearing pro se, seeks a certificate of ap-pealability (COA) so that he may appeal from the district court’s dismissal of his habeas petition filed pursuant to 28 U.S.C. § 2241. * The district court dismissed the petition sua sponte as time-barred without benefit of a response from the state.
Where the district court dismisses a petition on procedural grounds, a COA requires the inmate to demonstrate that it is reasonably debatable whether (1) the petition states a valid claim of the denial of a constitutional right, and (2) the…
2Cases cited17 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Montez v. McKinnaCourt of Appeals for the Tenth Circuit · 2000
- Marcus Allan McIntosh v. United States Parole CommissionCourt of Appeals for the Tenth Circuit · 1997
- Gibson v. KlingerCourt of Appeals for the Tenth Circuit · 2000
12 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Cardoso v. CalboneCourt of Appeals for the Tenth Circuit · 2007
- Brown v. BarrowCourt of Appeals for the Eleventh Circuit · 2008
- Walck v. EdmondsonCourt of Appeals for the Tenth Circuit · 2007
- Destinni Mardesich v. Matthew CateCourt of Appeals for the Ninth Circuit · 2012
- In Re: Terrence Wright v.Court of Appeals for the Fourth Circuit · 2016
25 more not listed; retrieve them via the Exa API.