Marshall v. People of the State of Colorado, The et al

Filing 21

ORDER denying 16 Motion for Certificate of Appealability filed by Eric Marshall, by Judge Zita L. Weinshienk on 01/13/10.(bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita Leeson Weinshienk Civil Action No. 09-cv-01595-ZLW ERIC MARSHALL, v. Petitioner, PEOPLE OF THE STATE OF COLORADO, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. 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. 2254 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 November 25, 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 13th day of January, 2010. BY THE COURT: ZITA LEESON WEINSHIENK, Senior Judge United States District Court

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