Prisoner Denied Costs

Dulworth v. Jones, 2007 WL 2203763 (8/2/07)(Published) - After the prisoner filed his habeas petition challenging his security classification and earned credits calculation, the prison voluntarily gave the petitioner all the relief he requested. The petitioner sought an award of costs. The d.ct. denied the motion. The 10th ruled that it had no jurisdiction to address any issue involving a prisoner appeal in a habeas case unless it issued a certificate of appealability. The 10th could not issue a certificate in this case because such a certificate can only be issued when the petitioner has been denied a constitutional right. The denial of costs did not implicate the constitution.