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  • Myers v. Addison, 10th Cir. (2005)

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    Terry Don Myers, an Oklahoma state prisoner serving three consecutive 99-year sentences, filed a habeas corpus petition in federal district court arguing that the Oklahoma state courts violated his constitutional rights by denying his request to obtain free copies of his trial transcripts. The district court denied Myers' petition based on the recommendation of a magistrate judge. Myers then appealed to the U.S. Court of Appeals for the Tenth Circuit seeking a certificate of appealability. The Tenth Circuit denied the request for a certificate of appealability, finding that Myers did not make a substantial showing that his constitutional rights were denied, as recommended by the magistrate judge. The Tenth Circuit then dismissed the appeal and denied Myers' request to proceed in forma pauperis

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    Filed: 2005-12-21 Precedential Status: Precedential Docket: 04-6381

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    Terry Don Myers, an Oklahoma state prisoner serving three consecutive 99-year sentences, filed a habeas corpus petition in federal district court arguing that the Oklahoma state courts violated his constitutional rights by denying his request to obtain free copies of his trial transcripts. The district court denied Myers' petition based on the recommendation of a magistrate judge. Myers then appealed to the U.S. Court of Appeals for the Tenth Circuit seeking a certificate of appealability. The Tenth Circuit denied the request for a certificate of appealability, finding that Myers did not make a substantial showing that his constitutional rights were denied, as recommended by the magistrate judge. The Tenth Circuit then dismissed the appeal and denied Myers' request to proceed in forma pauperis

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    Public Domain
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    19 views2 pages

    Myers v. Addison, 10th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    Terry Don Myers, an Oklahoma state prisoner serving three consecutive 99-year sentences, filed a habeas corpus petition in federal district court arguing that the Oklahoma state courts violated his constitutional rights by denying his request to obtain free copies of his trial transcripts. The district court denied Myers' petition based on the recommendation of a magistrate judge. Myers then appealed to the U.S. Court of Appeals for the Tenth Circuit seeking a certificate of appealability. The Tenth Circuit denied the request for a certificate of appealability, finding that Myers did not make a substantial showing that his constitutional rights were denied, as recommended by the magistrate judge. The Tenth Circuit then dismissed the appeal and denied Myers' request to proceed in forma pauperis

    Copyright:

    Public Domain
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    of 2

    F I L E D

    United States Court of Appeals


    Tenth Circuit

    UNITED STATES COURT OF APPEALS

    December 21, 2005

    TENTH CIRCUIT

    Clerk of Court

    TERRY DON MYERS,


    v.

    Petitioner - Appellant,

    No. 04-6381
    (D.C. No. CIV-04-913-L)
    (W.D. Okla.)

    MIKE ADDISON, Warden,


    Respondent - Appellee.
    ORDER

    Before EBEL, McKAY and HENRY, Circuit Judges.


    Terry Myers, an Oklahoma state prisoner serving three consecutive 99-year
    sentences, seeks a certificate of appealability (COA) following the district
    courts dismissal of his 28 U.S.C. 2254 petition. He also seeks to proceed in
    forma pauperis on appeal. Mr. Myerss underlying claim is that the Oklahoma
    state courts have denied his constitutional due process and equal protection rights
    by denying his request for free copies of his trial transcripts. In his habeas
    petition, he does not seek a release from custody, but rather an order that the
    transcripts be provided to him free of cost. The district court assigned the case to
    a magistrate judge, who provided a thorough analysis of Mr. Myerss claims and
    recommended that his petition be denied.

    To obtain a COA, a petitioner must make a substantial showing of the


    denial of a constitutional right. 28 U.S.C. 2253(c)(2). For the reasons given
    in the magistrate judges Report and Recommendation, we conclude that Mr.
    Myers cannot make such a showing. We therefore DENY his request for a COA
    and DISMISS this appeal. We also DENY his request to proceed in forma
    pauperis on appeal.

    ENTERED FOR THE COURT

    David M. Ebel
    Circuit Judge

    -2-

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