Filed: Jun. 27, 2018
Latest Update: Mar. 03, 2020
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit TENTH CIRCUIT June 27, 2018 Elisabeth A. Shumaker Clerk of Court TRAVIS HODSON, Petitioner - Appellant, v. No. 17-1440 (D.C. No. 1:17-CV-00379-LTB) STEVE REAMS, (D. Colo.) Respondent - Appellee. ORDER DENYING CERTIFICATE OF APPEALABILITY * Before PHILLIPS, McKAY, and O’BRIEN, Circuit Judges. Pro se Appellant Travis Hodson has been charged with a criminal offense in a Colorado state court proceeding. There have been
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit TENTH CIRCUIT June 27, 2018 Elisabeth A. Shumaker Clerk of Court TRAVIS HODSON, Petitioner - Appellant, v. No. 17-1440 (D.C. No. 1:17-CV-00379-LTB) STEVE REAMS, (D. Colo.) Respondent - Appellee. ORDER DENYING CERTIFICATE OF APPEALABILITY * Before PHILLIPS, McKAY, and O’BRIEN, Circuit Judges. Pro se Appellant Travis Hodson has been charged with a criminal offense in a Colorado state court proceeding. There have been ..
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FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
TENTH CIRCUIT June 27, 2018
Elisabeth A. Shumaker
Clerk of Court
TRAVIS HODSON,
Petitioner - Appellant,
v. No. 17-1440
(D.C. No. 1:17-CV-00379-LTB)
STEVE REAMS, (D. Colo.)
Respondent - Appellee.
ORDER DENYING CERTIFICATE OF APPEALABILITY *
Before PHILLIPS, McKAY, and O’BRIEN, Circuit Judges.
Pro se Appellant Travis Hodson has been charged with a criminal offense in a
Colorado state court proceeding. There have been numerous proceedings and delays
involving questions concerning his competency to stand trial in that case. He brought
this action for habeas corpus pursuant to 28 U.S.C. § 2241 seeking federal intervention in
the Colorado case for various alleged mishandlings of the mental competency
proceedings. After analyzing the issues, applying the three-factor test governing
abstention, as dictated by Younger v. Harris,
401 U.S. 37 (1971), and considering the
narrow exceptions to Younger, the district court held that the Younger doctrine of
*
This order is not binding precedent, except under the doctrines of law of
the case, res judicata, and collateral estoppel. It may be cited, however, for its
persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
abstention applied and that no exceptions were met. Accordingly, the court denied the
application without prejudice. It also denied a certificate of appealability because
Appellant has not made a substantial showing of the denial of a constitutional right.
Appellant filed a motion for relief from judgment, and the district court held that
Appellant had not demonstrated an entitlement to relief under Rule 60(b) of the Federal
Rules of Civil Procedure.
Appellant asks this court to grant a certificate of appealability so that he may
appeal the district court’s rulings. He also seeks leave to proceed in forma pauperis.
After reviewing the record and the appropriate cases, we conclude that no
reasonable jurist would find the correctness of the district court’s decisions debatable.
See Slack v. McDaniel,
529 U.S. 473, 484 (2000).
We therefore DENY a certificate of appealability. We also DENY the request to
proceed in forma pauperis. It is ordered that this appeal be DISMISSED. Appellant
remains obligated to pay the full amount of the filing fee.
ENTERED FOR THE COURT
Monroe G. McKay
Circuit Judge