Schwartz v. Zavaras et al

Filing 15

CERTIFICATE OF APPEALABILITY DENIED re 10 Notice of Appeal by Robert Schwartz, by Judge Zita L. Weinshienk on 11/17/09. (bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita Leeson Weinshienk Civil Action No. 09-cv-01825-ZLW ROBERT SCHWARTZ, Petitioner, v. ARISTEDES W. ZAVARAS, Executive Director of the Colorado Department of Corrections, 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 Jury Trial Request 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 October 2, 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 17th day of November, 2009.

BY THE COURT:

ZITA LEESON WEINSHIENK, Senior Judge United States District Court