McKinley Thomas v. Lorie Davis, Director
701 F. App'x 376
| 5th Cir. | 2017Background
- McKinley Dale Thomas, a Texas inmate serving life for murder, filed 28 U.S.C. § 2254 habeas applications challenging his sentence.
- The district court dismissed one § 2254 application on August 27, 2015 for failure to pay the filing fee and another on August 4, 2016 as time barred.
- Thomas sought a certificate of appealability (COA) to appeal both dismissals and moved to consolidate the appeals.
- Thomas argued he never received the district court’s order requiring payment (relating to the 2015 dismissal) and that equitable tolling, counsel appointment, recusal, and an evidentiary hearing were warranted for the 2016 dismissal.
- Thomas voluntarily withdrew his appeal of the August 27, 2015 dismissal and failed to file a timely notice of appeal from the district court’s denial of his Rule 60(b) motion.
- The Fifth Circuit dismissed part of the appeal for lack of jurisdiction and denied a COA on the remaining claims, finding Thomas did not make the requisite substantial showing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appealability of 2015 dismissal for failure to pay fee | Thomas: He did not receive the district court’s order requiring fee; dismissal was improper | District court: Dismissal stands; Thomas withdrew his appeal | Dismissed for lack of jurisdiction; COA denied as moot (appeal voluntarily withdrawn) |
| Timeliness of 2016 § 2254 dismissal | Thomas: Entitled to equitable tolling; procedural errors (no counsel, no recusal, no evidentiary hearing) | District court: Petition untimely; procedural rulings proper | COA denied — Thomas failed to show jurists of reason would find debatable the procedural ruling |
| Reviewability of Rule 60(b) denial | Thomas: Challenges to district court’s denial | Government: Untimely appeal; lack of jurisdiction | Dismissed for lack of jurisdiction due to failure to file timely notice of appeal |
| Requests for appointment of counsel and recusal | Thomas: District court abused discretion by denying requests | District court: Denials within discretion | Court found no basis to grant COA on these claims; denials not shown debatable |
Key Cases Cited
- Miller-El v. Cockrell, 537 U.S. 322 (standard for issuing COA)
- Slack v. McDaniel, 529 U.S. 473 (COA issuance when denial is on procedural grounds)
- Bowles v. Russell, 551 U.S. 205 (timely filing of notice of appeal is jurisdictional)