Gallagher v. Hannigan, 93-3397
| Decision Date | 15 April 1994 |
| Docket Number | No. 93-3397,93-3397 |
| Citation | 24 F.3d 68 |
| Parties | Michael P. GALLAGHER, Petitioner-Appellant, v. Robert D. HANNIGAN, Warden; Kansas Department of Corrections; Attorney General of Kansas; Joan Finney, Governor and Kansas Parole Board, Respondents-Appellees. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Before MOORE, ANDERSON, and KELLY, Circuit Judges.
Michael P. Gallagher has filed a motion to proceed without payment of fees and an application for a certificate of probable cause. The district court dismissed the petition because petitioner had failed to first raise in the state courts the issues asserted in the federal habeas action. There is no question that conclusion is correct.
Petitioner has not made a substantial showing of the denial of an important federal right by demonstrating that the issues raised are debatable among jurists, that a court could resolve the issues differently, or that the questions deserve further proceedings. Barefoot v. Estelle, 463 U.S. 880, 103 S.Ct. 3383, 77 L.Ed.2d 1090 (1983). The certificate of probable cause is therefore DENIED and the appeal is DISMISSED. The mandate shall issue forthwith.
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Smith v. Secretary of New Mexico Dept. of Corrections, 93-2218
...to make a threshold showing that the issues sought to be raised on appeal are at least arguably meritorious. See id. In Gallagher v. Hannigan, 24 F.3d 68 (10th Cir.1994), we discussed the criteria courts should look to in evaluating whether a certificate of probable cause is warranted. In g......
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Lennox v. Evans, 96-6041
...a federal right" to obtain a certificate of probable cause. Barefoot, 463 U.S. at 893, 103 S.Ct. at 3394-95; see also Gallagher v. Hannigan, 24 F.3d 68, 68 (10th Cir.1994). The Barefoot standard adheres to the burden imposed on a state prisoner seeking federal habeas relief. That is, a fede......
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