Benson v. State of North Dakota

Filing 26

ORDER by Magistrate Judge Charles S. Miller, Jr. denying 25 Motion for Certificate of Appealability. (BG) Distributed on 5/4/2018. (cd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Barry Lee Benson,
Petitioner,
vs.
Colby Braun, Warden,
Respondent.

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ORDER

Case No. 1:17-cv-244

On May 4, 2018, petitioner filed a request for a certificate of appealability. In its March 28,
2018, order granting respondent’s motion to dismiss, the court declined to issue petitioner a
certificate of appealability. In so doing, it opined: “Reasonable jurists would not debatable the
disposition of the claims, whether on the merits or on procedural grounds.” (Doc. No. 20).
Accordingly, defendant’s instant request (Doc. No. 25) is DENIED.
IT IS SO ORDERED.
Dated this 4th day of May, 2018
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court