Legal Opinion

Scaife v. McKune

Court of Appeals for the Tenth Circuit

Decided October 18, 2004No. 04-3238Published

1Opinion of the Court

ORDER DENYING CERTIFICATE OF APPEALABILITY

PAUL KELLY, JR., Circuit Judge.

Petitioner-Appellant Jerome T. Scaife, an inmate appearing pro se, seeks to appeal from the district court’s judgment dismissing his habeas petition under 28 U.S.C. § 2254 with prejudice. The district court denied a certificate of appealability (“COA”), and we construe Mr. Scaife’s notice of appeal and brief as a renewed request in this court. Fed. R.App. P. 22(b)(2). Because we determine that Mr. Scaife has not made a “substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2); Slack v.…

2Cases cited7 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Tennard v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionSupreme Court of the United States · 2004
  5. United States of America, Ex Rel. Robert Graham v. United States Parole CommissionCourt of Appeals for the Eleventh Circuit · 1984

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