978 F. 2d 1268 - Taylor v. Cooper

Petitioner appeals the denial of his pro se petition for a writ of habeas corpus. 28 U.S.C. § 2254. The district court granted Petitioner leave to proceed in forma pauperis, id. § 1915(d), but denied Petitioner's request for a certificate of probable cause. Id. § 2253. The present petition raises three claims for relief which are identical to the three claims in an earlier § 2254 petition filed by Petitioner. In the earlier petition, we affirmed the district court's dismissal based on Petitioner's failure to exhaust state remedies relating to two of the claims. Taylor v. Hess, 931 F.2d 900 (10th Cir.1991) (unpublished order and judgment). Since the dismissal of his earlier petition, Petitioner has not made any attempt to further exhaust his state remedies. Rather, he filed the present petition and attached his briefs filed on direct appeal in state court in an attempt to show that the claims were "fairly presented" to the state courts. See Picard v. Connor, 404 U.S. 270, 278 (1971). After reviewing the record, we are no more convinced now than we were with his earlier petition that Petitioner has exhausted his state remedies. Because Petitioner has failed to make a substantial showing of the denial of a federal right, see Lozada v. Deeds, 111 S.Ct. 860, 861-62 (1991), we deny Petitioner's request for a certificate of probable cause and DISMISS the appeal.

SO ORDERED.