Proffit v. State of Wyoming, No. 11-8064 (10th Cir. 2011)
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Pro se prisoner Petitioner Kent Profitt sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his habeas petition. Petitioner was convicted by a jury for first degree murder and conspiracy to commit murder. He was sentenced to life without the possibility of parole. A Wyoming state court dismissed Petitioner's petition for post-conviction relief in January, 2010. In May, Petitioner attempted to appeal that dismissal. The Wyoming Supreme Court held that Petitioner failed to comply with the Wyoming Rules of Appellate Procedure by filing an appeal instead of a "petition for writ of review." Petitioner moved for reconsideration, and the Supreme Court again denied the motion, this time as time barred. The federal district court dismissed Petitioner's habeas petition as untimely and ineligible for equitable tolling of the limitations period. In its review, the Tenth Circuit found that the district court's decision "was not even debatably incorrect," and denied Petitioner's request for a COA.
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