Leonard v. Parker

Filing 15

OPINION AND ORDER by Judge Frank H. Seay, denying certificate of appealability (Re: 13 Notice of Appeal to Circuit Court ) (trl, Chambers)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA
MICHAEL WAYNE LEONARD, Petitioner, v. DAVID PARKER, Warden, Respondent. ) ) ) ) ) ) ) ) )

No. CIV 08-479-FHS-KEW

ORDER AND OPINION DENYING CERTIFICATE OF APPEALABILITY Petitioner has filed a notice of intent to appeal the court's order entered June 29, 2009, denying petitioner's petition for a writ of habeas corpus. After a careful review of the record the court concludes petitioner has failed to make a "substantial showing of the denial of a constitutional right," as required by 28 U.S.C. § 2253(c)(2). The court further finds petitioner has not shown "at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether [this] court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). ACCORDINGLY, petitioner is denied a certificate of appealability. DATED this 10th day of July, 2009