Scribd Logo
Upload

Welcome to Scribd!

  • 25 views

    Filed: Patrick Fisher

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit denied Louie Wesley Crandall's application for a certificate of appealability and dismissed his appeal of the district court's denial of his petition for a writ of habeas corpus. The district court had previously denied Crandall's first federal habeas petition for failure to exhaust state remedies and dismissed his second federal habeas petition, again finding that he had failed to exhaust state remedies as required. The Court of Appeals reviewed the record and denied the certificate of appealability for the same reasons provided by the district court in its December 15, 1999 order.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    Filed: Patrick Fisher

    Uploaded by

    Scribd Government Docs
    25 views3 pages
    The United States Court of Appeals for the Tenth Circuit denied Louie Wesley Crandall's application for a certificate of appealability and dismissed his appeal of the district court's denial of his petition for a writ of habeas corpus. The district court had previously denied Crandall's first federal habeas petition for failure to exhaust state remedies and dismissed his second federal habeas petition, again finding that he had failed to exhaust state remedies as required. The Court of Appeals reviewed the record and denied the certificate of appealability for the same reasons provided by the district court in its December 15, 1999 order.

    Original Description:

    Filed: 2000-03-23 Precedential Status: Non-Precedential Docket: 99-3370

    Original Title

    Crandall v. Bowersox, 10th Cir. (2000)

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The United States Court of Appeals for the Tenth Circuit denied Louie Wesley Crandall's application for a certificate of appealability and dismissed his appeal of the district court's denial of his petition for a writ of habeas corpus. The district court had previously denied Crandall's first federal habeas petition for failure to exhaust state remedies and dismissed his second federal habeas petition, again finding that he had failed to exhaust state remedies as required. The Court of Appeals reviewed the record and denied the certificate of appealability for the same reasons provided by the district court in its December 15, 1999 order.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    25 views3 pages

    Filed: Patrick Fisher

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit denied Louie Wesley Crandall's application for a certificate of appealability and dismissed his appeal of the district court's denial of his petition for a writ of habeas corpus. The district court had previously denied Crandall's first federal habeas petition for failure to exhaust state remedies and dismissed his second federal habeas petition, again finding that he had failed to exhaust state remedies as required. The Court of Appeals reviewed the record and denied the certificate of appealability for the same reasons provided by the district court in its December 15, 1999 order.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    You are on page 1of 3

    F I L E D

    UNITED STATES COURT OF APPEALS

    United States Court of Appeals


    Tenth Circuit

    TENTH CIRCUIT

    MAR 23 2000

    PATRICK FISHER
    Clerk

    LOUIE WESLEY CRANDALL,


    Petitioner-Appellant,
    v.

    No. 99-3370

    MICHAEL BOWERSOX; THE


    ATTORNEY GENERAL OF THE
    STATE OF KANSAS,

    (D.C. No. 99-CV-3332-DES)


    (D. Kan.)

    Respondents-Appellees.

    ORDER AND JUDGMENT *


    Before BALDOCK, HENRY, and LUCERO, Circuit Judges. **
    Petitioner Louie Wesley Crandall, proceeding pro se, appeals the district
    courts denial of his petition for a writ of habeas corpus under 28 U.S.C. 2254.
    The district court allowed Petitioners motion to proceed in forma pauperis on

    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
    *

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

    appeal but denied his application for a certificate of appealability under 28 U.S.C.
    2253(c)(2). We deny Petitioners application for a certificate of appealability as
    well, and dismiss Petitioners appeal.
    The facts of this case are set forth in

    Crandall v. Sumner County Dist.

    Attorney , No. 98-3317, 1999 WL 339698 (10th Cir. May 28, 1999) (unpublished).
    In that case, the district court denied Petitioners first federal petition for a writ of
    habeas corpus for failure to exhaust.

    Subsequently, Petitioner filed petitions for

    writs of mandamus and habeas corpus with the Kansas Supreme Court, which
    summarily denied the petitions. On October 12, 1999, Petitioner filed a second
    federal petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The
    district court dismissed the petition without prejudice, finding that Petitioner has
    not yet exhausted state remedies as required by 28 U.S.C. 2254(b)(1).

    Crandall

    v. Bowersox , No. 99-3332-DES (D. Kan. Dec. 15, 1999) (unpublished order).
    The district court also denied Petitioners application for a certificate of
    appealability.
    We have thoroughly reviewed the record on appeal, Petitioners brief, and
    the district courts orders. We deny Petitioners application for a certificate of
    appealability for substantially the reasons set forth in the district courts order of
    December 15, 1999.

    -2-

    CERTIFICATE OF APPEALABILITY DENIED; APPEAL DISMISSED. 1


    Entered for the Court,
    Bobby R. Baldock
    Circuit Judge

    Petitioner has filed two documents entitled Pleading on January 27,


    2000 and March 16, 2000, respectively. We construe each of these documents as
    a motion to file a supplemental brief. We grant both motions.
    1

    -3-

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy