Maske v. Aurora Animal Care II , 365 F. App'x 945 ( 2010 )


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  •                                                                          FILED
    United States Court of Appeals
    Tenth Circuit
    UNITED STATES COURT OF APPEALS
    February 16, 2010
    TENTH CIRCUIT                   Elisabeth A. Shumaker
    Clerk of Court
    JERRY L. MASKE,
    Petitioner-Appellant,                       No. 09-1539
    v.                                                      (D. of Colo.)
    AURORA ANIMAL CARE,                             (D.C. No. 09-cv-2751-ZLW)
    Respondent-Appellee.
    ORDER DENYING CERTIFICATE OF APPEALABILITY *
    Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges. **
    This appeal arises out of multiple case filings in district court for a Writ of
    Habeas 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 appealability (COA) to pursue an
    appeal. See 
    28 U.S.C. § 2253
    (c)(1)(A) (requiring a COA to appeal a denial of a
    *
    This order is not binding precedent except under the doctrines of law of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.
    **
    After examining the briefs and the appellate record, this three-judge
    panel has determined unanimously that oral argument would not be of material
    assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th
    Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.
    habeas application). He makes the same arguments he made in Maske v. Murphy,
    No. 09-1536, (10th Cir. Feb. 16, 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 in forma pauperis.
    ENTERED FOR THE COURT
    Timothy M. Tymkovich
    Circuit Judge
    -2-
    

Document Info

Docket Number: 09-1539

Citation Numbers: 365 F. App'x 945

Judges: Anderson, Hartz, Tymkovich

Filed Date: 2/16/2010

Precedential Status: Non-Precedential

Modified Date: 8/3/2023