Scott v. Zavaras

Filing 53

CERTIFICATE OF APPEALABILITY DENIED re 50 Notice of Appeal by Lynn Scott, by Judge Walker D. Miller on 07/07/09. (bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-02365-WDM-MJW LYNN EUGENE SCOTT, Applicant, v. KEVIN MILLARD, Warden, S.C.F., Respondent. ORDER DENYING CERTIFICATE OF APPEALABILITY Miller, 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. 2241 and dismissing the action. I have reviewed the file and find 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 7th day of July, 2009. BY THE COURT: s/ Walker D. Miller JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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