Maske v. Chappell

365 F. App'x 944

• Court: Court of Appeals for the Tenth Circuit
• Decided: February 16, 2010
• Docket: 09-1538
• Status: Unpublished

Opinion

ORDER DENYING CERTIFICATE OF APPEALABILITY **

TIMOTHY M. TYMKOVICH, Circuit Judge.

This appeal arises out of multiple case filings in district court for a Writ of Habe-as Corpus under 28 U.S.C. § 2254. Petitioner Jerry Maske is a frequent filer in district court and is subject to filing restrictions. Because Maske failed to follow filing requirements, the district court dismissed the case without prejudice.

Maske now requests a certificate of ap-pealability (COA) to pursue an appeal. See 28 U.S.C. § 2258(c)(1)(A) (requiring a COA to appeal a denial of a habeas application). He makes the same arguments he made in Maske v. Murphy, 365 Fed.Appx. 938 (10th Cir.2010). For the same reasons set forth in that case, we DENY" the application for a COA.

Because his application for a COA is frivolous, we DENY his request to proceed informa pauperis.

** This order is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel.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.