Ciempa v. Standifird

Defendant David Ciempa petitioned the Tenth Circuit for a certificate of appealability (COA) to challenge a district court's denial of his habeas petition to challenge the Oklahoma Department of Corrections' (ODOC) revocation of his "good time credits." After an Oklahoma state prison disciplinary proceeding found inmate Defendant guilty of “Individual Disruptive Behavior,” and revoked the credits. In response to this decision, Defendant first appealed to the ODOC and then filed a petition for review in Oklahoma state court. The state court, however, dismissed his petition as untimely under Oklahoma law. After the Oklahoma Court of Criminal Appeals affirmed, Defendant sought to pursue a habeas petition in federal district court, but the district court held the petition procedurally barred. Upon review, the Tenth Circuit agreed with the district court that Defendant procedurally defaulted his claims. Therefore the Court affirmed the district court's decision and denied Defendant's request for a COA.