United States Tenth Circuit

A district court's dismissal of an unauthorized 28 U.S.C. section 2255 motion is a "final order in a proceeding under section 2255" such that section 2253 requires the petitioner to obtain a COA before he or she may appeal. Dismissal of defendant's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. section 2255 is affirmed where: 1) a certificate of appealability (COA) is a prerequisite to pursuing such an appeal; and 2) defendant failed to make the showing required for the issuance of a COA.

Appellate Information

• Decided 10/31/2008
• Published 10/31/2008

Judges

• Before O'BRIEN, EBEL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Donald Alton Harper, pro se.