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NOV 16 2001
PATRICK FISHER
Clerk
No. 00-4185
(D.C. No. 99-CV-575)
(D. Utah)
Respondents-Appellees.
ORDER AND JUDGMENT
BRORBY , Senior
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination
of this appeal.
Bankers Trust Co. v. Mallis , 435 U.S. 381, 386 (1978) (per curiam). Petitioner
filed an application for a certificate of appealability in the district court which
included the required notice and may serve as the functional equivalent of a
notice of appeal.
864-65 (10th Cir. 2000) (discussing difference between 2241 and 2254). We
review the district courts denial of habeas relief de novo.
Sinclair v. Henman ,
See
demonstrating that the issues he seeks to raise on appeal are deserving of further
proceedings, subject to a different resolution on appeal, or reasonably debatable
among jurists of reason.
Barefoot v. Estelle ,
Wade Brorby
Senior Circuit Judge
-5-