UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Case No. ______________ Plaintiff - Appellee, v. Application for Certificate of Appealability Defendant - Appellant. NOTICE AND INSTRUCTIONS Your application for a certificate of appealability will be evaluated by the court using these standards: Certificate of Appealability. There must be a substantial showing of the denial of a constitutional right by demonstrating that the issues raised are debatable among jurists, that a court could resolve the issues differently, or that the questions deserve further proceedings. 28 U.S.C. § 2253(c); Lennox v. Evans, 87 F.3d 431 (10th Cir. 1996). FAILURE TO SET FORTH FACTS AND ARGUMENTS SHOWING THAT YOU MEET THE APPROPRIATE STANDARD WILL SUBJECT YOUR APPEAL TO DISMISSAL WITHOUT FURTHER NOTICE. American LegalNet, Inc. www.FormsWorkFlow.com You may use this form to furnish a statement of the case, the issues you intend to raise on appeal, and the reasons your appeal meets the applicable standards. The form is intended to guide you in meeting the above standards. If you need more space to answer, additional pages may be attached. The information you furnish, together with the full record of the proceedings in the district court, will be the basis for this court’s decision. You should bear in mind that an appeal is not a retrial, but rather a review of the district court’s judgment and record of proceedings. APPLICATION 1. Statement of the Case. (This should be a brief summary of the proceedings in the district court.) 2. Issues to be Raised on Appeal. (New issues raised for the first time on appeal generally will not be considered.) 3. Summary of Your Argument Showing that Your Appeal Meets the Standards Stated on Page 1. COA-1 Application for Certificate of Appealability 6/09 Page 2 American LegalNet, Inc. www.FormsWorkFlow.com 4. Do you think the district court applied the wrong law? If so, what law do you want applied? 5. Did the district court incorrectly decide the facts? If so, what facts? 6. Did the district court fail to consider important grounds for relief? If so, what grounds? 7. Do you feel that there are any other reasons why the district court’s judgment was wrong? If so, what? COA-1 Application for Certificate of Appealability 6/09 Page 3 American LegalNet, Inc. www.FormsWorkFlow.com 8. What action do you want this court to take in your case? 9. Were you required to seek and exhaust administrative remedies prior to filing your claim in district court? If yes, what steps did you take to exhaust those remedies? _________________________ Date ___________________________________ Signature COA-1 Application for Certificate of Appealability 6/09 Page 4 American LegalNet, Inc. www.FormsWorkFlow.com CERTIFICATE OF SERVICE I hereby certify that on _____________________ I served a copy of (date) the Certificate of Appealability: to ____________________________________, at__________________________ (Opposing Party or Attorney) ____________________________________________________, the last known address, by ________________________________. (State method of service) _________________ Date ___________________________________ Signature COA-1 Application for Certificate of Appealability 6/09 Page 5 American LegalNet, Inc. www.FormsWorkFlow.com