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  • United States v. Taylor, 166 F.3d 350, 10th Cir. (1998)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding Kenny Taylor's appeal of the denial of his motion to vacate, set aside, or correct his sentence. The district court had denied Taylor's motion as untimely, applying the ruling in United States v. Simmonds. The appellate court granted Taylor's request to proceed in forma pauperis but denied his request for a certificate of appealability, determining he had not made a substantial showing that the district court's decision denied him a constitutional right. The court then dismissed the appeal and denied as moot Taylor's request for appointment of counsel.

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    Filed: 1998-12-17 Precedential Status: Non-Precedential Citations: 166 F.3d 350 Docket: 98-6187

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    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding Kenny Taylor's appeal of the denial of his motion to vacate, set aside, or correct his sentence. The district court had denied Taylor's motion as untimely, applying the ruling in United States v. Simmonds. The appellate court granted Taylor's request to proceed in forma pauperis but denied his request for a certificate of appealability, determining he had not made a substantial showing that the district court's decision denied him a constitutional right. The court then dismissed the appeal and denied as moot Taylor's request for appointment of counsel.

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    Public Domain
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    3 views2 pages

    United States v. Taylor, 166 F.3d 350, 10th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding Kenny Taylor's appeal of the denial of his motion to vacate, set aside, or correct his sentence. The district court had denied Taylor's motion as untimely, applying the ruling in United States v. Simmonds. The appellate court granted Taylor's request to proceed in forma pauperis but denied his request for a certificate of appealability, determining he had not made a substantial showing that the district court's decision denied him a constitutional right. The court then dismissed the appeal and denied as moot Taylor's request for appointment of counsel.

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    F I L E D

    UNITED STATES COURT OF APPEALS


    FOR THE TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    DEC 17 1998

    PATRICK FISHER
    Clerk

    UNITED STATES OF AMERICA,


    Plaintiff-Appellee,
    No. 98-6187
    (D.C. No. CIV-97-1821-R)
    (W.D. Okla.)

    v.
    KENNY TAYLOR,
    Defendant-Appellant.

    ORDER AND JUDGMENT

    Before BRORBY , BRISCOE , and LUCERO , 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. 34.1.9. 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 Kenny Taylor seeks to appeal from the

    district courts denial of

    his motion to vacate, set aside, or correct his sentence, filed pursuant to 28 U.S.C.
    2255. The district court denied the 2255 motion as untimely filed, applying
    United States v. Simmonds , 111 F.3d 737 (10th Cir. 1997). The

    district court also

    denied petitioners request for a certificate of appealability, required by 28 U.S.C.


    2253 before this court can consider his appeal. Petitioner reurges his request
    before this court. He also seeks to proceed in forma pauperis, and moves this
    court to appoint him counsel on appeal.
    After review of petitioners motion and supporting documents, we grant his
    request to proceed on appeal in forma pauperis. However, after careful
    consideration of petitioners arguments on appeal, we conclude that he has not
    made a substantial showing that the
    constitutional right.

    district courts decision denied him a

    See id. Accordingly, petitioners request for a certificate of

    appealability is denied, and this appeal is dismissed. Petitioners request for


    appointment of counsel is denied as moot. The mandate shall issue forthwith.

    Entered for the Court

    Wade Brorby
    Circuit Judge

    -2-

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