U.S. Court of Appeals for the Tenth Circuit, 2010

Stouffer v. Whetsel

Stouffer v. Whetsel
U.S. Court of Appeals for the Tenth Circuit · Decided August 24, 2010 · Kelly, McKay, Lucero
393 F. App'x 569

Stouffer v. Whetsel

Opinion

ORDER DENYING CERTIFICATE OF APPEALABILITY *

MONROE G. McKAY, Circuit Judge.

On September 4, 2009, in Case No. 03-6093, we found that fees deducted from Appellant’s prison account were improperly applied to his appeal in that case. We remanded for the district court to “review its case records to determine whether the payments attributable .to the instant appeal should have been applied in another case or appeal.” (Order at 2.) The district court followed our direction. It determined that Appellant’s partial payments should be applied to other cases in which *570 Appellant owes fees, Case Nos. 94-cv-1395, 04-cv-14, and 09-cv-320.

Appellant seeks a certificate of appeala-bility to challenge that order. However, it cannot reasonably be debated that the trial court’s order is correct. See Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000). We therefore DENY a certificate of appealability and DISMISS this appeal. We do, however, GRANT Appellant’s motion to proceed informa pauperis.

*

This order is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel.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.

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