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· 8/2/2007

Dulworth v. Jones

Citations

  • 496 F.3d 1133
  • 2007 WL 2203763

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding process’ or ‘circumstances . . . that render such process ineffective to protect the [applicant’s] rights.’” Selsor v. Workman, 644 F.3d 984, 1026 (10th Cir. 2011) (quoting 28 U.S.C. § 2254(b)(1)(B)(i), (ii)
  • noting other circuits require a COA to appeal the denial of a Rule 4(a)(6) motion because such denials are final orders
  • noting other circuits require a COA to appeal the denial of a Rule 4(a)(6) motion because such denials are final orders
  • explaining appellate court looks to underlying habeas petition in determining whether valid-constitutional-claim prong of Slack test is satisfied in appeal from denial of Rule 60(b) motion
  • “[I]n our judgment all appeals from final orders in habeas cases, of whatever type, should be required to meet the COA standard to proceed.”
  • “[A] state prisoner seeking to appeal the denial of habeas relief in a § 2241 proceeding must obtain a COA to appeal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Briscoe, Seymour, Anderson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.