Jackie Breeden, Jr. v. Wendy Kelley

Summary

The court affirmed the denial of Breeden's petition to proceed in forma pauperis because his habeas petition did not present a colorable cause of action. His challenge to a life sentence for rape, based on his status as a first-time offender and alleged due-process and Eighth Amendment violations, concerned sentencing and trial-error claims rather than the facial validity of the judgment or the trial court's jurisdiction. The court also concluded that the sentence fell within the statutory range and that the petition lacked sufficient nonconclusory facts.