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    Rudd v. Werholtz, 10th Cir. (2009)

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    Roland Rudd, a Kansas prisoner convicted of sexual assault and sentenced to 272 months in prison, filed a habeas corpus petition in federal district court challenging his confinement. The district court denied all eighteen of Rudd's claims in a thorough opinion. Rudd then sought a certificate of appealability from the Tenth Circuit Court of Appeals to appeal the district court's denial. The Tenth Circuit denied the request, finding that no reasonable jurist could debate the correctness of the district court's ruling. The Tenth Circuit dismissed the appeal for substantially the same reasons provided by the district court.

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    Rudd v. Werholtz, 10th Cir. (2009)

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    Roland Rudd, a Kansas prisoner convicted of sexual assault and sentenced to 272 months in prison, filed a habeas corpus petition in federal district court challenging his confinement. The district court denied all eighteen of Rudd's claims in a thorough opinion. Rudd then sought a certificate of appealability from the Tenth Circuit Court of Appeals to appeal the district court's denial. The Tenth Circuit denied the request, finding that no reasonable jurist could debate the correctness of the district court's ruling. The Tenth Circuit dismissed the appeal for substantially the same reasons provided by the district court.

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    Filed: 2009-03-18 Precedential Status: Non-Precedential Docket: 08-3268

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    Roland Rudd, a Kansas prisoner convicted of sexual assault and sentenced to 272 months in prison, filed a habeas corpus petition in federal district court challenging his confinement. The district court denied all eighteen of Rudd's claims in a thorough opinion. Rudd then sought a certificate of appealability from the Tenth Circuit Court of Appeals to appeal the district court's denial. The Tenth Circuit denied the request, finding that no reasonable jurist could debate the correctness of the district court's ruling. The Tenth Circuit dismissed the appeal for substantially the same reasons provided by the district court.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    10 views2 pages

    Rudd v. Werholtz, 10th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    Roland Rudd, a Kansas prisoner convicted of sexual assault and sentenced to 272 months in prison, filed a habeas corpus petition in federal district court challenging his confinement. The district court denied all eighteen of Rudd's claims in a thorough opinion. Rudd then sought a certificate of appealability from the Tenth Circuit Court of Appeals to appeal the district court's denial. The Tenth Circuit denied the request, finding that no reasonable jurist could debate the correctness of the district court's ruling. The Tenth Circuit dismissed the appeal for substantially the same reasons provided by the district court.

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    FILED

    United States Court of Appeals


    Tenth Circuit

    March 18, 2009


    UNITED STATES COURT OF APPEALS
    Elisabeth A. Shumaker
    FOR THE TENTH CIRCUIT

    Clerk of Court

    ROLAND RUDD, also known as


    Farrakhan Israel Aziz,
    Petitioner-Appellant,
    v.
    ROGER WERHOLTZ, Secretary of
    Corrections, State of Kansas;
    STEPHEN N. SIX, Attorney General
    of the State of Kansas,

    No. 08-3268
    (D.C. No. 5:07-CV-03097-JTM)
    (D. Kan.)

    Respondents-Appellees.

    ORDER DENYING CERTIFICATE OF APPEALABILITY *


    Before McCONNELL, McKAY, and GORSUCH, Circuit Judges. **

    Roland Rudd, a Kansas state prisoner, was convicted of sexual assault and
    sentenced to a term of imprisonment of 272 months. Following the denial of his
    direct appeals and collateral proceedings in state court, he filed a challenge to his
    confinement in federal district court pursuant to 28 U.S.C. 2254, in which he
    *

    This order is not binding precedent, except under the doctrines of law of
    the case, res judicata, and collateral estoppel. It may be cited, however, for its
    persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
    **

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination of
    this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
    therefore ordered submitted without oral argument.

    raised some eighteen separate claims. In a thorough opinion, the district court
    discussed each claim and denied the petition. Because the district court did not
    rule on his subsequent request for a certificate of appealability (COA), it was
    deemed denied. See 10th Cir. R. 22.1(C).
    Mr. Rudd now seeks a COA from this court to permit an appeal of the
    district courts denial of his 2254 petition. In order 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), such that reasonable jurists would find the
    district courts assessment of the constitutional claims debatable or wrong.
    Miller-El v. Cockrell, 537 U.S. 322, 338 (2003) (quotation omitted).
    Mindful of the solicitous construction to be afforded Mr. Rudds pro se
    filings, Van Deelen v. Johnson, 497 F.3d 1151, 1153 n.1 (10th Cir. 2007), we
    nonetheless conclude that no reasonable jurist could doubt the correctness of the
    district courts disposition. As such, and for substantially the same reasons given
    by the district court, we deny Mr. Rudds application for a COA and we dismiss
    this appeal.
    Entered for the Court

    Neil M. Gorsuch
    Circuit Judge

    -2-

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