F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
APR 6 2000
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
TERRY W. DOWDY,
Petitioner-Appellant,
v. No. 99-6163
(D.C. No. 98-CV-1512-A)
RICK HUDSON, (W.D. Okla.)
Respondent-Appellee.
ORDER AND JUDGMENT *
Before KELLY , HENRY , and MURPHY , Circuit Judges.
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.
*
This order and judgment is not binding precedent, except under the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.
Petitioner seeks a certificate of appealability from the district court’s order
denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, and
he seeks leave to proceed in this matter in forma pauperis. Petitioner’s motion
to proceed in forma pauperis establishes that he is indigent, so such leave shall
be granted. To obtain a certificate of appealability petitioner must make
“a substantial showing of the denial of a constitutional right.” 28 U.S.C.
§ 2253(c)(2). Based upon our review of petitioner’s appellate brief and the record
as a whole, we conclude that petitioner has failed to make such a showing.
Accordingly, petitioner’s motion for leave to proceed in forma pauperis is
GRANTED. Petitioner’s application for a certificate of appealability is DENIED
for substantially the reasons given by the magistrate judge in his report and
recommendation of February 3, 1999, and the appeal is DISMISSED.
Entered for the Court
Michael R. Murphy
Circuit Judge
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