F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUL 29 1997
TENTH CIRCUIT
PATRICK FISHER
Clerk
MARVIN BISHOP,
Petitioner-Appellant,
v. No. 96-1404
(D.C. No. 96-B-664)
LARRY EMBRY; ATTORNEY (District of Colorado)
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
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