Elliott v. Abbott et al

Filing 50

CERTIFICATE OF APPEALABILITY DENIED re 47 Notice of Appeal by Andrew Elliott, by Judge Robert E. Blackburn on 10/20/09. (bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 07-cv-00835-REB-KMT ANDREW PHILLIP ELLIOTT, Applicant, v. JAMES E. ABBOTT, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents.

ORDER DENYING CERTIFICATE OF APPEALABILITY Blackburn, District Judge Applicant filed a notice of appeal on June 25, 2009. Applicant is appealing to the United States Court of Appeals for the Tenth Circuit from this Court's July 27, 2009,Order that adopted the United States Magistrate Judge's Recommendation and dismissed the case. Pursuant to 28 U.S.C. § 2253(c)(1)(A), a certificate of appealability is necessary to appeal from the final order in a habeas corpus proceeding pursuant to 28 U.S.C. § 2254. The Court will not issue a certificate of appealability in this action because no final order has been entered.

Accordingly, it is ORDERED that a certificate of appealability will not be issued. DATED at Denver, Colorado this 20th day of October, 2009. BY THE COURT:

2