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Date: Filed /
STATES COURT OF APPEALS
ORDER AND JUDGMENT(*)
Before BRORBY, EBEL and LUCERO, Circuit
John B. Bowring, a Colorado state convict currently serving time at the
Arkansas Valley Correctional Facility in Crowley, Colorado, appeals the district
court's dismissal of his petition for writ of habeas corpus. The district court
denied Bowring a certificate of appealability ("COA"). Bowring's arguments on
appeal were or could have been raised in an earlier petition for writ of habeas
corpus that he filed in the United States District Court in Texas, which dismissed
the charges on the merits. The Fifth Circuit Court of Appeals denied a COA and
affirmed. Accordingly, we find that all of the issues Bowring raises in this appeal
either have no merit and/or are barred by the doctrines of collateral estoppel and
res judicata. See Allen v. McCurry, 449 U.S. 90, 94 (1980) ("Under res
a final judgment on the merits of an action precludes the parties or their privies
from relitigating issues that were or could have been raised in that action. Under
collateral estoppel, once a court has decided an issue of fact or law necessary to
its judgment, that decision may preclude relitigation of the issue in a suit on a
different cause of action involving a party to the first case." (citations omitted)).
Bowring has not made a substantial showing of the denial of a constitutional
right; his request for a COA is therefore DENIED. See 28 U.S.C. § 2253(c)(2).
For the same reasons, we also DENY Bowring's motion for leave to proceed in
The mandate shall issue forthwith.
ENTERED FOR THE COURT
David M. Ebel
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*.After examining the briefs 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Order and Judgment is not binding precedent, except under the doctrines of law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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