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)

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

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