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    Douglas Tyler Woods v. Aristedes Zavaras Bill Wilson, and Attorney General of The State of Colorado, 153 F.3d 730, 10th Cir. (1998)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit dismissing an appeal from Douglas Tyler Woods of the district court's dismissal of his habeas petition for failure to exhaust state remedies. The order denies Woods a certificate of appealability, finding he failed to make a substantial showing of a denial of a constitutional right. The order also dismisses Woods' appeal, as his claims were not exhausted at the time he filed his habeas petition as required. Woods' other outstanding motions are also denied.

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    Douglas Tyler Woods v. Aristedes Zavaras Bill Wilson, and Attorney General of The State of Colorado, 153 F.3d 730, 10th Cir. (1998)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit dismissing an appeal from Douglas Tyler Woods of the district court's dismissal of his habeas petition for failure to exhaust state remedies. The order denies Woods a certificate of appealability, finding he failed to make a substantial showing of a denial of a constitutional right. The order also dismisses Woods' appeal, as his claims were not exhausted at the time he filed his habeas petition as required. Woods' other outstanding motions are also denied.

    Original Description:

    Filed: 1998-05-29 Precedential Status: Precedential Citations: 153 F.3d 730 Docket: 97-1395

    Original Title

    Douglas Tyler Woods v. Aristedes Zavaras Bill Wilson, and Attorney General of the State of Colorado, 153 F.3d 730, 10th Cir. (1998)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit dismissing an appeal from Douglas Tyler Woods of the district court's dismissal of his habeas petition for failure to exhaust state remedies. The order denies Woods a certificate of appealability, finding he failed to make a substantial showing of a denial of a constitutional right. The order also dismisses Woods' appeal, as his claims were not exhausted at the time he filed his habeas petition as required. Woods' other outstanding motions are also denied.

    Copyright:

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    5 views2 pages

    Douglas Tyler Woods v. Aristedes Zavaras Bill Wilson, and Attorney General of The State of Colorado, 153 F.3d 730, 10th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document is an order from the United States Court of Appeals for the Tenth Circuit dismissing an appeal from Douglas Tyler Woods of the district court's dismissal of his habeas petition for failure to exhaust state remedies. The order denies Woods a certificate of appealability, finding he failed to make a substantial showing of a denial of a constitutional right. The order also dismisses Woods' appeal, as his claims were not exhausted at the time he filed his habeas petition as required. Woods' other outstanding motions are also denied.

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    of 2

    153 F.

    3d 730
    98 CJ C.A.R. 2805
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    Douglas Tyler WOODS, Petitioner--Appellant,


    v.
    Aristedes ZAVARAS; Bill Wilson, and Attorney General of the
    State of Colorado, Respondents--Appellees.
    No. 97-1395.

    United States Court of Appeals, Tenth Circuit.


    May 29, 1998.

    Before ANDERSON, McKAY, and LUCERO, Circuit Judges.

    1ORDER AND JUDGMENT*


    2

    After examining the briefs and 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); 10th Cir. R. 34.1.9. The case is
    therefore ordered submitted without oral argument.

    Petitioner Douglas Tyler Woods appeals the district court's dismissal, without
    prejudice, of his 28 U.S.C. 2254 habeas petition for failure to exhaust state
    remedies. The district court also denied a certificate of appealability. We have
    examined the record in this case, and conclude that Mr. Woods has failed to
    make a substantial showing of the denial of a constitutional right. We therefore
    deny Mr. Woods a certificate of appealability and dismiss his appeal. While
    Mr. Woods has filed copies of documents purporting to show exhaustion, there
    is no dispute that his claims were not exhausted at the time he filed his habeas
    petition. Claims must be exhausted before the petition is filed to satisfy the

    exhaustion requirement. See Demarest v. Price, 130 F.3d 922, 932 (10th
    Cir.1997); Parkhurst v. Wyoming, 641 F.2d 775, 776 (10th Cir.1981).
    4

    Mr. Woods' various other outstanding motions are denied. His petition for
    leave to proceed in forma pauperis is denied as moot, in light of the district
    court's previous grant of leave to proceed in forma pauperis. Appeal
    DISMISSED.

    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

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