Lopez v. Zenon, et al

Filing 127

CERTIFICATE OF APPEALABILITY DENIED re 124 Notice of Appeal by John E. Lopez, by Judge Christine M. Arguello on 02/05/10. (bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita Leeson Weinshienk Civil Action No. 04-cv-01072-ZLW-BNB JOHN E. LOPEZ, Petitioner, v. CARL ZENON, and JOHN W. SUTHERS, the Attorney General of the State of Colorado, Respondents. ORDER DENYING CERTIFICATE OF APPEALABILITY This Court, in the above entitled proceedings, has rendered an Order denying petitioner's Amended Petition Pursuant To 28 U.S.C. § 2254 and dismissing the case. The Court has reviewed the record which conclusively shows that petitioner is entitled to no relief. The reasons stated in the Order On Petition For Habeas Corpus filed January 27, 2010, are incorporated herein by reference as though fully set forth. Accordingly, the Court finds that a certificate of appealability should not issue because petitioner has not made a substantial showing of the denial of a constitutional right. It is, therefore, ORDERED that no certificate of appealability will issue. DATED at Denver, Colorado, this 5th day of February , 2010.

BY THE COURT:

CHRISTINE M. ARGUELLO United States District Judge for ZITA LEESON WEINSHIENK Senior Judge, United States District Court