Vasquez Arroyo (ID 83932) v. Pryor et al

Filing 24

MEMORANDUM AND ORDER ENTERED: Petitioner is denied a certificate of appealability. Petitioner is granted leave to proceed on appeal in forma pauperis. Signed by U.S. Senior District Judge Sam A. Crow on 09/21/17. Mailed to pro se party Martin Vasquez Arroyo by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MARTIN VASQUEZ ARROYO,
Petitioner,
v.

CASE NO. 15-3234-SAC-DJW

REX PRYOR,
Respondent.

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s Notice of Appeal
from the Memorandum and Order entered on September 5, 2017, denying
relief in this consolidated habeas corpus action. The Court has
considered the record and has examined the materials petitioner
submitted with the Notice of Appeal (Doc. #20) and the supplement to
that pleading (Doc. #23) but finds no basis to issue a Certificate
of Appealability (COA) in this matter. See Slack v. McDaniel, 529 U.S.
473, 484 (2000)(for a COA to issue under 28 U.S.C. § 2253(c)(1)(A),
petitioner must show that reasonable jurists would find the result
debatable or that the issues should proceed further). Petitioner
continues to advance theories of who committed the crimes of which
he was convicted, but he has not presented any properly exhausted claim
or any viable claim of actual innocence.
IT IS, THEREFORE, BY THE COURT ORDERED petitioner is denied a
Certificate of Appealability.
IT IS FURTHER ORDERED petitioner is granted leave to proceed on
appeal in forma pauperis.

IT IS SO ORDERED.
DATED:

This 21st day of September, 2017, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge