Jensen v. Zavaras et al

Filing 48

ORDER Denying 46 Application for Certificate of Appealability As Supplemented, signed by Judge Richard P. Matsch on 10/8/2010.(rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 08-cv-01670-RPM ERIK BRENDAN JENSEN, Plaintiff, v. ARISTEDES W. ZAVARAS, Executive Director, Colorado Department of Corrections; STEVE HARTLEY, Warden, Limon Correctional Facility, Limon, Colorado; and JOHN SUTHERS, Attorney General, State of Colorado, Defendants. _____________________________________________________________________ ORDER DENYING APPLICATION FOR CERTIFICATE OF APPEALABILITY AS SUPPLEMENTED _____________________________________________________________________ On September 30, 2010, the petitioner Erik Jensen filed an application for certificate of appealability under 28 U.S.C. § 2253(c) from this Court's ruling in the Order Denying Writ entered September 24, 2010, and the judgment thereon. On October 7, 2010, the petitioner filed a supplement making an explicit request that the certificate of appealability include the July 16, 2010, order denying the petitioner's motion to amend the habeas corpus petition to add a claim under Graham v. Florida, ___U.S. __, 130 S.Ct. 2011 (May 17, 2010). It is now ORDERED that the application for certificate of appealability, as supplemented, is denied. DATED: October 8th, 2010 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge