Wallen v. Ortiz et al
Filing
76
ORDER denying 70 Motion for Certificate of Appealability by Richard Wallen, by Judge Philip A. Brimmer on 12/28/10.(bjrsl, )
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Wallen v. Ortiz et al
Doc. 76
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 06-cv-01644-PAB RICHARD ALLEN WALLEN, Applicant, v. JOE ORTIZ, Executive Director Colorado Department of Corrections, and JOHN SUTHERS, The Attorney General of the State of Colorado, Respondents.
ORDER DENYING CERTIFICATE OF APPEALABILITY Brimmer, Judge Applicant has filed a notice of appeal from this court's final order denying his Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody and dismissing the action. The court has reviewed the file and finds that a certificate of appealability pursuant to 28 U.S.C. § 2253(c) should not be issued because Applicant has not made a substantial showing of the denial of a constitutional right. Accordingly, it is ORDERED that a certificate of appealability will not be issued.
DATED December 28, 2010. BY THE COURT:
s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge
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