Nunez v. Suthers

Filing 30

CERTIFICATE OF APPEALABILITY DENIED re 27 Notice of Appeal by Joe Nunez, by Judge Christine M. Arguello on 07/17/09. (bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 08-cv-01732-CMA-CBS JOE NUNEZ, Applicant, v. PEOPLE OF THE STATE OF COLORADO, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. ORDER DENYING CERTIFICATE OF APPEALABILITY 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 17th day of July, 2009. BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge