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  • Bishop v. Embry, 120 F.3d 270, 10th Cir. (1997)

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    Marvin Bishop appealed the dismissal of his habeas corpus petition. The court granted his request to proceed without paying fees but denied his application for a certificate of appealability. The court examined Bishop's application and the record and determined he failed to demonstrate the denial of a constitutional right, as the issues were not debatable among jurists and did not require further proceedings. The court dismissed the appeal for substantially the same reasons cited by the Magistrate Judge in recommending dismissal.

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    Filed: 1997-07-29 Precedential Status: Precedential Citations: 120 F.3d 270 Docket: 96-1404

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    Marvin Bishop appealed the dismissal of his habeas corpus petition. The court granted his request to proceed without paying fees but denied his application for a certificate of appealability. The court examined Bishop's application and the record and determined he failed to demonstrate the denial of a constitutional right, as the issues were not debatable among jurists and did not require further proceedings. The court dismissed the appeal for substantially the same reasons cited by the Magistrate Judge in recommending dismissal.

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    3 views2 pages

    Bishop v. Embry, 120 F.3d 270, 10th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    Marvin Bishop appealed the dismissal of his habeas corpus petition. The court granted his request to proceed without paying fees but denied his application for a certificate of appealability. The court examined Bishop's application and the record and determined he failed to demonstrate the denial of a constitutional right, as the issues were not debatable among jurists and did not require further proceedings. The court dismissed the appeal for substantially the same reasons cited by the Magistrate Judge in recommending dismissal.

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    of 2

    F I L E D

    UNITED STATES COURT OF APPEALS


    TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    JUL 29 1997

    PATRICK FISHER
    Clerk

    MARVIN BISHOP,
    Petitioner-Appellant,
    v.

    No. 96-1404
    (D.C. No. 96-B-664)
    (District of Colorado)

    LARRY EMBRY; ATTORNEY


    GENERAL FOR THE STATE OF
    COLORADO,
    Respondents-Appellees.

    ORDER
    Before SEYMOUR, Chief Judge, PORFILIO and MURPHY, Circuit Judges.

    Marvin Bishop appeals the dismissal of his pro se petition for a writ of habeas
    corpus filed under 28 U.S.C. 2254. The matter is before us upon an application to
    proceed without payment of fees and an application for certificate of appealability.
    Having established his inability to pay, Mr. Bishop is entitled to proceed in forma
    pauperis. United States v. Simmonds, 111 F.3d 737 (10th Cir. 1997). The motion to
    proceed without payment of fees is GRANTED.

    We have examined the application for certificate of appealability and the record
    and conclude Mr. Bishop has failed to demonstrate the denial of a constitutional right by
    showing the issues raised in his appeal are debatable among jurists; that a court could
    resolve the issues differently, or that the questions deserve further proceedings.
    Substantially for the reasons cited in the recommendation of the Magistrate Judge, the
    certificate of appealability is DENIED and the appeal is DISMISSED.
    ENTERED FOR THE COURT
    John C. Porfilio
    Circuit Judge

    -2-

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