Doyle, vs. Archuleta, et al

Filing 92

USCA ORDER on 6/4/13 re: 91 Letter filed by Michael Doyle. Motionseeking authorization under 28 U.S.C. § 2244(b) to file a second orsuccessive habeas petition is denied. (lswsl )

Appellate Case: 13-1190

Document: 01019066662

Date Filed: 06/04/2013

Page: 1
FILED
United States Court of Appeals
Tenth Circuit

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT

June 4, 2013
Elisabeth A. Shumaker
Clerk of Court

In re:
MICHAEL DOYLE,

No. 13-1190
(D.C. No. 1:07-CV-01358-WYD-KMT)
(D. Colo.)

Movant.

ORDER
Before KELLY, GORSUCH, and MATHESON, Circuit Judges.

On May 2, 2013, Michael Doyle, a Colorado state prisoner appearing pro se,
filed a motion seeking authorization under 28 U.S.C. § 2244(b) to file a second or
successive habeas petition under 28 U.S.C. § 2254. Mr. Doyle has a history of filing
repetitive motions for authorization under § 2254, which led this court to order that
Any further applications filed by Mr. Doyle for leave to file additional
collateral attacks on his Colorado conviction for second degree murder
will be deemed denied on the thirtieth day unless this court otherwise
orders. See Berryhill v. Evans, 466 F.3d 934, 936 (10th Cir. 2006)
(noting imposition of same sanction after prisoner’s fourth request for
leave to file a second or successive habeas petition).
In re Doyle, No. 13-1088, slip op. at 3 (10th Cir. Mar. 14, 2013).

Appellate Case: 13-1190

Document: 01019066662

Date Filed: 06/04/2013

Page: 2

The matter before us is Mr. Doyle’s fifth attempt to collaterally attack his
second degree murder conviction. Thirty days have passed since he filed his motion
seeking authorization, and we deem it denied.

Entered for the Court

ELISABETH A. SHUMAKER, Clerk

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