United States Tenth Circuit

In proceedings arising following dismissal of petitioner's 28 U.S.C. section 2254 habeas corpus petition as untimely, pro se state prisoner's request to proceed in forma pauperis is granted but his request for a certificate of appealability (COA) is denied, and the application dismissed, where no reasonable jurist could debate a finding that petitioner's proffer of extraordinary circumstances and diligence did not entitle him to equitable tolling.

Appellate Information

• Decided 04/22/2008
• Published 04/23/2008

Judges

• O'BRIEN, Circuit Judge., Before O'BRIEN, McKAY and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Steve Yang, pro se, Petitioner-Appellant.