944 F.2d 911 (10th Cir. 1991), 90-3325, Moore v. Thornburgh

• Citation: 944 F.2d 911
• Party Name: Ernest G. MOORE, Petitioner-Appellant, v. Richard R. THORNBURGH, J. Michael Quinlan, G.L. Henman, Neil Goldschmidt, Booth Gardner, Respondents-Appellees.
• Case Date: September 12, 1991
• Court: United States Courts of Appeals, United States Courts of Appeals. United States Court of Appeals (10th Circuit)

Page 911

944 F.2d 911 (10th Cir. 1991)

Ernest G. MOORE, Petitioner-Appellant,

v.

Richard R. THORNBURGH, J. Michael Quinlan, G.L. Henman, Neil Goldschmidt, Booth Gardner, Respondents-Appellees.

Nos. 90-3325, 91-3129.

United States Court of Appeals, Tenth Circuit

September 12, 1991

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA10 Rule 36.3 regarding use of unpublished opinions)

D.Kan., No. 90-3473-R.

D.Kan.

DISMISSED.

Before LOGAN, JOHN P. MOORE and BALDOCK, Circuit Judges.

ORDER AND JUDGMENT ^[*]

PER CURIAM

Petitioner Ernest G. Moore was convicted of violation of the criminal laws of the State of Oregon and was subsequently transferred to the United States Penitentiary, Leavenworth, Kansas (USPL), to serve his sentence. The district court denied his petition for habeas corpus, filed pursuant to 28 U.S.C. § 2241. Moore v. Thornburgh, No. 90-3473-R, 1991 WL 50265 (unpubl.) (D.Kan. Mar. 28, 1991). Petitioner appeals pursuant to 28 U.S.C.§ 2253. ¹

In response to petitioner's notice of appeal, the district court found that the appeal was frivolous and not taken in good faith. Based on this finding, the court denied petitioner leave to proceed in forma pauperis on appeal. Dist.Ct.R. doc. 41. However, petitioner's motion before this court for in forma pauperis status is hereby granted. Case No. 90-3325, an interlocutory appeal, is dismissed for mootness because of the court's disposition of petitioner's appeal on the merits herein.

Each of the claims based on the compact clause that petitioner raises on appeal has been considered and was found to be lacking in merit in Stevenson v. Thornburgh, --- F.2d ----, 1991 WL 164630 (10th Cir. Aug. 29, 1991). ² We hold that none of the issues petitioner has raised before this court is "debatable among jurists of reason." Barefoot v. Estelle, 463 U.S. 880, 893 n. 4 (1983). Petitioner's request for certificate of probable cause to appeal denial of his petition for writ of habeas corpus is DENIED. This appeal is DISMISSED. The mandate shall issue forthwith.

---

Notes:

^[*] This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3.

[1] After examining the briefs and appellate record, this panel...