Myers v. Addison ( 2005 )

F I L E D
United States Court of Appeals
Tenth Circuit
December 21, 2005
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT Clerk of Court
TERRY DON MYERS,
Petitioner - Appellant,
No. 04-6381
v.
(D.C. No. CIV-04-913-L)
(W.D. Okla.)
MIKE ADDISON, Warden,
Respondent - Appellee.
ORDER
Before EBEL, McKAY and HENRY, Circuit Judges.
Terry Myers, an Oklahoma state prisoner serving three consecutive 99-year
sentences, seeks a certificate of appealability (“COA”) following the district
court’s dismissal of his 28 U.S.C. § 2254 petition. He also seeks to proceed in
forma pauperis on appeal. Mr. Myers’s underlying claim is that the Oklahoma
state courts have denied his constitutional due process and equal protection rights
by denying his request for free copies of his trial transcripts. In his habeas
petition, he does not seek a release from custody, but rather an order that the
transcripts be provided to him free of cost. The district court assigned the case to
a magistrate judge, who provided a thorough analysis of Mr. Myers’s claims and
recommended that his petition be denied.
To obtain a COA, a petitioner must make “a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). For the reasons given
in the magistrate judge’s Report and Recommendation, we conclude that Mr.
Myers cannot make such a showing. We therefore DENY his request for a COA
and DISMISS this appeal. We also DENY his request to proceed in forma
pauperis on appeal.
ENTERED FOR THE COURT
David M. Ebel
Circuit Judge
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