Blackburn v. Colorado Department of Corrections, Executive Director et al

Filing 21

CERTIFICATE OF APPEALABILITY DENIED re 16 Notice of Appeal by Roger Blackburn, by Judge Zita L. Weinshienk on 04/28/09. (bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 08-cv-02559-ZLW ROGER SCOTT BLACKBURN, Petitioner, v. COLORADO DEPARTMENT OF CORRECTIONS, Executive Director, Respondent. ORDER DENYING CERTIFICATE OF APPEALABILITY This Court, in the above entitled proceedings, has rendered an Order denying petitioner's Application For A Writ Of Habeas Corpus Pursuant To 28 U.S.C. 2241 and dismissing the case. The Court has reviewed the record which conclusively shows that petitioner is entitled to no relief. The reasons stated in the Order of Dismissal filed March 5, 2009, are incorporated herein by reference as though fully set forth. Accordingly, the Court finds that a certificate of appealability should not issue because petitioner has not made a substantial showing of the denial of a constitutional right. It is, therefore, ORDERED that no certificate of appealability will issue. DATED at Denver, Colorado this 28th day of April, 2009. BY THE COURT: ZITA L. WEINSHIENK, Senior Judge United States District Court

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