Legal Opinion
McElhaney v. Bear
Court of Appeals for the Tenth Circuit
Decided August 17, 2017No. 17-7026UnpublishedCited by 1 opinion
1Opinion of the Court
ORDER DENYING CERTIFICATE OF APPEALABILITY *
Jerome A. Holmes, Circuit Judge
Pro se 1 state prisoner Albert McElha-ney appeals from the dismissal of his application for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The district court dismissed Mr. McElhaney’s petition as time-barred under 28 U.S.C. § 2244(d). In the same order, the court denied his request for a certificate of appealability (“COA”). Mr. McElhaney now appeals from that order.
Exercising jurisdiction under 28 U.S.C. § 1291, we deny his request for a COA and dismiss the matter.
I
In July 2010, Mr. McElhaney pleaded guilty to…
2Cases cited20 opinions
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- Bousley v. United StatesSupreme Court of the United States · 1998
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
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3Cited by1 opinion
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