Johnson v. Workman, No. 11-7062 (10th Cir. 2011)
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Pro se prisoner Petitioner Dexter Johnson sought a certificate of appealability (COA) from the Tenth Circuit to appeal a district court's dismissal of his unauthorized or successive 28 U.S.C. 2254 petition. In 1996, Petitioner was convicted in Oklahoma state court on one count of shooting with intent to kill. The Oklahoma Court of Criminal Appeals affirmed his conviction. In 1999, Petitioner was unsuccessful in his state application for post-conviction relief. In 2010, Petitioner filed a second application for relief. The court concluded that in light of the dismissal of Petitioner's first petition, the second was unauthorized, and that the claims alleged in his second petition were time-barred. On appeal to the Tenth Circuit, Petitioner contended that the district court "clearly" erred in concluding that his claims were time-barred. Upon review, the Tenth Circuit concluded that Petitioner indeed filed his petition well after the one-year period for filing for post-conviction relief, with no basis for equitable tolling. Furthermore, Petitioner's brief did not address the district court's determination that his second petition was unauthorized, to which the Tenth Circuit concluded that no "jurist of reason" would debate the district court's dismissal on that ground. Accordingly, the Court determined that Petitioner failed to establish he was entitled to a COA, and dismissed his request.
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