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    Debrow v. Evans, 10th Cir. (1999)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding petitioner Gerome Leon Debrow's request for habeas corpus relief. The court examines Debrow's petition and determines he has failed to make a substantial showing of a denial of a constitutional right. As a result, the court denies Debrow's request for a certificate of appealability and dismisses his appeal, agreeing with the reasons provided by the district court and magistrate judge in earlier rulings.

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    Debrow v. Evans, 10th Cir. (1999)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding petitioner Gerome Leon Debrow's request for habeas corpus relief. The court examines Debrow's petition and determines he has failed to make a substantial showing of a denial of a constitutional right. As a result, the court denies Debrow's request for a certificate of appealability and dismisses his appeal, agreeing with the reasons provided by the district court and magistrate judge in earlier rulings.

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    Filed: 1999-02-02 Precedential Status: Non-Precedential Docket: 98-6175

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    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding petitioner Gerome Leon Debrow's request for habeas corpus relief. The court examines Debrow's petition and determines he has failed to make a substantial showing of a denial of a constitutional right. As a result, the court denies Debrow's request for a certificate of appealability and dismisses his appeal, agreeing with the reasons provided by the district court and magistrate judge in earlier rulings.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    17 views3 pages

    Debrow v. Evans, 10th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding petitioner Gerome Leon Debrow's request for habeas corpus relief. The court examines Debrow's petition and determines he has failed to make a substantial showing of a denial of a constitutional right. As a result, the court denies Debrow's request for a certificate of appealability and dismisses his appeal, agreeing with the reasons provided by the district court and magistrate judge in earlier rulings.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    of 3

    F I L E D

    UNITED STATES COURT OF APPEALS


    FOR THE TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    FEB 2 1999

    PATRICK FISHER
    Clerk

    GEROME LEON DEBROW,


    Petitioner-Appellant,
    v.
    EDWARD L. EVANS, Warden;
    THE ATTORNEY GENERAL OF
    THE STATE OF OKLAHOMA,

    No. 98-6175
    (D.C. No. CIV-97-536-R)
    (W.D. Okla.)

    Respondents-Appellees.

    ORDER AND JUDGMENT

    Before PORFILIO , BALDOCK , and HENRY , Circuit Judges.

    After examining petitioners brief and the appellate record, this panel has
    determined unanimously that oral argument would not materially assist the
    determination of this appeal.

    See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).

    The case is therefore ordered submitted without oral argument.


    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.

    Petitioner, who is proceeding pro se, seeks review of the district courts
    denial of his petition for habeas corpus relief under 28 U.S.C. 2254. Before
    petitioner can proceed on appeal, he must secure a certificate of appealability
    from this court.

    See 28 U.S.C. 2253(c)(1). Raising the same issues he raised

    in the district court, petitioner argues that this court should grant a certificate of
    appealability on the following grounds: (1) the magistrate judge failed to address
    whether he was denied a direct appeal through no fault of his own; (2) he was
    denied his right to counsel during the ten days following his guilty plea; (3) he
    did not receive a competency hearing before he pled guilty; and (4) his guilty
    plea was not entered voluntarily.
    Upon consideration of the record and petitioners brief, we conclude
    petitioner has failed to make a substantial showing of a denial of a constitutional
    right. See id. 2253(c)(2). We DENY petitioners request for a certificate of
    appealability for substantially the reasons stated by the district court in its
    memorandum opinion and order filed March 31, 1998, and by the magistrate

    -2-

    judge in his findings and recommendations filed November 26, 1997, adopted by
    the district court on March 31. The appeal is DISMISSED.

    Entered for the Court

    Bobby R. Baldock
    Circuit Judge

    -3-

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