Legal Opinion

Walker v. Stanley

Court of Appeals for the Tenth Circuit

Decided February 15, 2007No. 06-1406Published

1Opinion of the Court

ORDER

This matter is before the court on Cortez Walker’s requests for a certificate of appealability (“COA”) and to proceed on appeal in forma pauperis. Walker seeks a COA so he can appeal the district court’s dismissal without prejudice of his 28 U.S.C. § 2241 habeas petition. See 28 U.S.C. § 2253(c)(1)(A) (providing that no appeal may be taken from a “final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a state court” unless the petitioner first obtains a COA); Montez v. McKinna, 208 F.3d 862, 867 (10th Cir.2000) (holding that state…

2Cases cited4 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Montez v. McKinnaCourt of Appeals for the Tenth Circuit · 2000
  3. Huey Don Odum v. Bobby Boone Attorney General of the State of OklahomaCourt of Appeals for the Tenth Circuit · 1995
  4. Eric Uzzielities Holman v. J.W. Booker, Warden--Usp, Leavenworth United States Department of Justice, Their Agencies, Agents, Officers and EmployeesCourt of Appeals for the Tenth Circuit · 1998

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