Thomas v. Ortiz et al

Filing 112

CERTIFICATE OF APPEALABILITY DENIED re 105 Notice of Appeal by Mack Thomas, by Judge Lewis T. Babcock on 02/25/10. (bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00114-LTB-MEH MACK W. THOMAS, Applicant, v. JOE ORTIZ. Executive Director of the DOC, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. ORDER DENYING CERTIFICATE OF APPEALABILITY Babcock, 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 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 at Denver, Colorado this 25th day of February, 2010. BY THE COURT: s/Lewis T. Babcock JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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