Morrison v. Addison

Filing 24

OPINION AND ORDER by Judge Ronald A. White denying 19 Motion for Certificate of Appealability(neh, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA ARLUS EUGENE MORRISON, JR., Petitioner, v. MIKE ADDISON, Warden, Respondent. ) ) ) ) ) ) ) ) ) Case No. CIV 10-119-RAW-KEW OPINION AND ORDER DENYING CERTIFICATE OF APPEALABILITY Petitioner has filed a notice of intent to appeal the court’s order entered September 24, 2013, affirming and adopting the Magistrate Judge’s Report and Recommendation and 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 that petitioner has not “demonstrate[d] that reasonable jurists would find [this] court’s assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). ACCORDINGLY, petitioner is denied a certificate of appealability. See Rule 11(a) of the Rules Governing Section 2254 Cases. IT IS SO ORDERED this 4th day of November 2013. Dated this 4th day of November, 2013. J4h4i0

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