Benton v. Addison ( 2015 )


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  •                                                                                      FILED
                                                                             United States Court of Appeals
                          UNITED STATES COURT OF APPEALS                             Tenth Circuit
    
                                       TENTH CIRCUIT                                December 2, 2015
    
                                                                                 Elisabeth A. Shumaker
                                                                                     Clerk of Court
    JOSHUA ROBERT BENTON,
    
                  Petitioner - Appellant,
                                                                  No. 15-5076
    v.                                                (D.C. No. 4:14-CV-00026-JED-PJC)
                                                                (D. N.D. Okla.)
    MICHAEL ADDISON, Warden,
    
                  Respondent - Appellee.
    
    
    
    
                ORDER DENYING CERTIFICATE OF APPEALABILITY
                          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.
    
    McDaniel, 
    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
    
    Court.
    
    
    
                                                Entered by the Court:
    
    
                                                Terrence L. O’Brien
                                                United States Circuit Judge
    
    
    
    
                                                 -2-
    

Document Info

DocketNumber: 15-5076

Filed Date: 12/2/2015

Precedential Status: Non-Precedential

Modified Date: 12/2/2015