· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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