Filed: Aug. 24, 2005
Latest Update: Feb. 21, 2020
Summary: F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS August 24, 2005 TENTH CIRCUIT PATRICK FISHER Clerk MACK RAY RUCKER, JR., Petitioner - Appellant, v. No. 04-6209 (W.D. Oklahoma) CHARLES RAY, Warden; THE (D.Ct. No. 03-CV-1740-R) ATTORNEY GENERAL OF THE STATE OF OKLAHOMA, Respondents - Appellees. ORDER DENYING CERTIFICATE OF APPEALABILITY AND DISMISSING APPEAL Before KELLY, O’BRIEN, and TYMKOVICH, Circuit Judges. After examining the briefs and appellate record,
Summary: F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS August 24, 2005 TENTH CIRCUIT PATRICK FISHER Clerk MACK RAY RUCKER, JR., Petitioner - Appellant, v. No. 04-6209 (W.D. Oklahoma) CHARLES RAY, Warden; THE (D.Ct. No. 03-CV-1740-R) ATTORNEY GENERAL OF THE STATE OF OKLAHOMA, Respondents - Appellees. ORDER DENYING CERTIFICATE OF APPEALABILITY AND DISMISSING APPEAL Before KELLY, O’BRIEN, and TYMKOVICH, Circuit Judges. After examining the briefs and appellate record, t..
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F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
August 24, 2005
TENTH CIRCUIT
PATRICK FISHER
Clerk
MACK RAY RUCKER, JR.,
Petitioner - Appellant,
v. No. 04-6209
(W.D. Oklahoma)
CHARLES RAY, Warden; THE (D.Ct. No. 03-CV-1740-R)
ATTORNEY GENERAL OF THE
STATE OF OKLAHOMA,
Respondents - Appellees.
ORDER DENYING CERTIFICATE OF APPEALABILITY
AND DISMISSING APPEAL
Before KELLY, O’BRIEN, and TYMKOVICH, Circuit Judges.
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)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
Mack Ray Rucker Jr., pro se, 1 appeals the district court's decision denying
him habeas relief, see 28 U.S.C. § 2254, from his Oklahoma conviction for
1
We construe pro se pleadings liberally. Ledbetter v. City of Topeka, Kan.,
318
F.3d 1183, 1187 (10th Cir. 2003).
domestic violence, affirmed by the Oklahoma Court of Criminal Appeals. See
Rucker v. Oklahoma, No. F-2001-1341 (OCCA Dec. 20, 2002) (unpublished).
On appeal, Rucker argues that 1) there was insufficient evidence to support his
conviction; 2) his attorney provided ineffective representation; and 3) he was
denied a fair trial due to cumulative error.
To pursue this appeal, Rucker must first obtain a certificate of appealability
(COA). See 28 U.S.C. § 2253(c)(1)(A). To be entitled to a COA, he must make
“a substantial showing of the denial of a constitutional right.” 28 U.S.C. §
2253(c)(2). To make this showing, he must establish that “reasonable jurists
could debate whether (or, for that matter, agree that) the petition should have
been resolved [by the district court] in a different manner or that the issues
presented were adequate to deserve encouragement to proceed further.” Slack v.
McDaniel,
529 U.S. 473, 484 (2000) (internal quotations omitted). After
carefully considering Rucker’s arguments and the entire record, we concur with
the well-written and thoughtful report and recommendation of the magistrate
judge, adopted by the district court in its order denying habeas relief. Rucker has
failed to make a sufficient showing that he is entitled to a COA on any of his
claims. Therefore, we DISMISS this appeal.
In addition, Rucker’s pending request to proceed in forma pauperis filed in
this Court is DENIED. He shall remit the full amount of the filing fee within
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twenty (20) days of this order.
Entered by the Court:
Terrence L. O’Brien
United States Circuit Judge
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