Backus v. Hartley

Filing 36

CERTIFICATE OF APPEALABILITY DENIED re 30 Notice of Appeal by Michael O. Backus, by Judge Robert E. Blackburn on 07/15/09. (bjr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00135-REB MICHAEL O. BACKUS, Applicant, v. STEVEN HARTLEY, Warden of Limon Correctional Facility, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. ORDER DENYING CERTIFICATE OF APPEALABILITY Blackburn, 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 15th day of July, 2009. BY THE COURT:

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