Brown

Brown v. Mahoney

Good Law
71 F. App'x 722
United States Court of Appeals for the Ninth CircuitAugust 1, 2003No. 02-35112; D.C. No. CV-96-00066-TGNCalifornia2,459 words

Opinion

Lead Opinion

MEMORANDUM ***

Anthel L. Brown and Dewey W. Coleman appeal the district court’s denial of their petition for a writ of habeas corpus. 1 Because the petitioners cannot show that the state court decision denying them relief was contrary to or an unreasonable application of United States Supreme Court precedent, we affirm in part and dismiss in part.

Jurisdiction

A pro se appellant must personally sign the notice of appeal in order for the court to have jurisdiction to consider his claims. 2 In the present case, only petitioner Brown signed the Notice of Appeal. Coleman’s failure to sign the Notice of Appeal means that the certificate of appealability (COA) could only have been granted on Brown’s claims. Thus, we dismiss Coleman’s appeal for want of jurisdiction.

We also lack jurisdiction to consider Brown’s ex post facto claim. Brown’s notice of appeal was treated as a request for a COA pursuant to Circuit Rule 22-1(c), 3 and a motions panel of this court granted a COA on only one issue: “wheth *724 er the district court erred in concluding that petitioner does not have a due process liberty interest in the Montana Department of Correction’s adoption of rules permitting inmates…

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