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Date: Filed /
STATES COURT OF APPEALS
ORDER AND JUDGMENT(*)
Before SEYMOUR, Chief Judge, EBEL and BRISCOE, Circuit Judges.
In 1999, Petitioner-Appellant Charles Russell Gray filed a petition for a
writ of habeas corpus in the United States District Court for the District of
Colorado pursuant to 28 U.S.C. § 2254. Mr. Gray, who is serving a series of four
consecutive sentences, alleged that he was entitled to mandatory parole in light of
the Colorado Supreme Court's decision in Spoto v. Colorado State Dep't of
Corr., 883 P.2d 11 (Colo. 1994). Mr. Gray also alleged that he was entitled to
mandatory parole under the Colorado Department of Corrections' governing
sentence rule. The district court denied his petition, concluding that Spoto
offered no support for Mr. Gray's argument that his most recent conviction for
escape was subject to the mandatory parole provisions, and that the governing
sentence rule does not apply when a petitioner is serving consecutive sentences,
see Badger v. Suthers, 985 P.2d 1042, 1043 (Colo. 1999). The district
further denied Mr. Gray a Certificate of Appealability ("COA") to pursue these
claims on appeal.
Mr. Gray now asks this court to issue a COA and reverse the judgment of
the district court. We conclude, however, that the district court correctly
dismissed Appellant's claims and that Appellant has not made a substantial
showing that his constitutional rights have been violated. Accordingly, we deny
Appellant's request for a COA and dismiss the appeal. See 28 U.S.C. §
Appellant's motion for leave to proceed on appeal without prepayment of costs or
fees is granted.
ENTERED FOR THE COURT
David M. Ebel
Click footnote number to return to corresponding location in the text.
*.After examining appellant's brief and the
appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2) and 10th Cir. R.
34.1(G). The case is therefore ordered submitted without oral argument. This
Order and Judgment is not binding precedent, except under the doctrines of law
of the case, res judicata, and collateral estoppel. The court generally disfavors
the citation of orders and judgments; nevertheless, an order and judgment may be
cited under the terms and conditions of 10th Cir. R. 36.3.
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Date: Filed /
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