Poulson v. Warden Ross Correctional Institution

Filing 32

OPINION AND ORDER - Petitioner's request for certificate of appealability is DENIED. Signed by Judge Algenon L. Marbley on December 10, 2013. (bc1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
LOWELL P. POULSON,
CASE NO. 2:11-CV-1067
JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp

Petitioner,

v.
WARDEN, ROSS CORRECTIONAL
INSTITUTION,
Respondent.
OPINION AND ORDER

On June 24, 2013, final judgment was entered dismissing the instant petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. This matter now is before the Court on Petitioner's
notice of appeal and request for a certificate of appealability.

For the reasons that follow,

Petitioner's request for a certificate of appealability is DENIED.
Petitioner asserts that he was denied a fair trial based on a constitutionally unreliable
witness identification of him as one of the armed robbers of a Donatos Pizza and because the
evidence was insufficient to sustain his convictions. The Court dismissed both of these claims
on the merits.
When a claim has been denied on the merits, a certificate of appealability may issue only
if the petitioner "has made a substantial showing of the denial of a constitutional right." 28
U.S.C. § 2253(c)(2). This standard is a codification of Barefoot v. Estelle, 463 U.S. 880 (1983).

Slack v. McDaniel, 529 U.S. 473, 484. To make a substantial showing of the denial of a
constitutional right, a petitioner must show
that reasonable jurists could debate whether (or, for that matter,
agree that) the petition should have been resolved in a different
manner or that the issues presented were " 'adequate to deserve
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encouragement to proceed further.' "Barefoot, 463 U.S ., at 893,
andn. 4 ....
ld. Petitioner has failed to meet this standard here. His request for a certificate of appealability

therefore is DENIED.
IT IS SO ORDERED.

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