DePineda v. Milyard et al

Filing 11

CERTIFICATE OF APPEALABILITY DENIED re 8 Notice of Appeal by Manuel DePineda, by Judge Zita L. Weinshienk on 09/30/09. (bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 09-cv-2009-ZLW MANUEL SESARIO DEPINEDA, Petitioner, v. KEVIN MILYARD, Warden, and JOHN SUTHERS, 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 September 16, 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 30th day of September, 2009. BY THE COURT: ZITA L. WEINSHIENK, Senior Judge United States District Court

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