Benton v. Addison ( 2015 )

  •                                                                                      FILED
                                                                             United States Court of Appeals
                          UNITED STATES COURT OF APPEALS                             Tenth Circuit
                                       TENTH CIRCUIT                                December 2, 2015
                                                                                 Elisabeth A. Shumaker
                                                                                     Clerk of Court
                  Petitioner - Appellant,
                                                                  No. 15-5076
    v.                                                (D.C. No. 4:14-CV-00026-JED-PJC)
                                                                (D. N.D. Okla.)
                  Respondent - Appellee.
                          AND DISMISSING APPEAL
    Before GORSUCH, O’BRIEN, and BACHARACH, Circuit Judges.
           Congress decided to pretermit meritless 28 U.S.C. § 2254 litigation. Habeas
    petitioners have the burden to make “a substantial showing of the denial of a
    constitutional right,” see 28 U.S.C. § 2253(c)(2). The law requires us to predetermine
    whether “reasonable jurists could debate whether (or, for that matter, agree that) [a
    habeas] petition should have been resolved in a different manner or that the issues
    presented were adequate to deserve encouragement to proceed further.” Slack v.
    529 U.S. 473
    , 484 (2000) (quotations omitted). It does not require or even
    expect a detailed explanation at every turn and this case does not deserve one.
           The district court issued a thorough and legally sound 30-page order addressing
    and denying each of Joshua Benton’s claims. Benton makes no effort to demonstrate
    how or why the court got it wrong; he merely reiterates the arguments he raised below.
             Because no jurist of reason could reasonably debate the correctness of the result
    reached by the district court, we DENY a COA and DISMISS this matter. The district
    court permitted Benton to proceed on appeal without prepayment of fees. But only
    prepayment is excused, see 28 U.S.C. § 1915(a). Benton is required to pay all filing
    ($5.00) and docketing fees ($500.00). Payment must be made to the Clerk of the District
                                                Entered by the Court:
                                                Terrence L. O’Brien
                                                United States Circuit Judge

Document Info

DocketNumber: 15-5076

Filed Date: 12/2/2015

Precedential Status: Non-Precedential

Modified Date: 12/2/2015