Hodges v. Parker

Filing 24

OPINION AND ORDER by Judge Ronald A. White, denying certificate of appealability(acg, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA JERRY D. HODGES, Petitioner, v. JANET DOWLING, Warden,1 Respondent. ) ) ) ) ) ) ) ) ) No. CIV 10-365-RAW-KEW OPINION AND ORDER DENYING CERTIFICATE OF APPEALABILITY Petitioner has filed a notice of intent to appeal the court’s order entered March 24, 2014, denying his 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 8th day of April 2014. ___________________________________ RONALD A. WHITE UNITED STATES DISTRICT JUDGE 1 Plaintiff’s custodian is Warden Janet Dowling, so she is the proper respondent. See Rule 2(a) of the Rules Governing Section 2254 Cases; Braden v. 30th Judicial Circuit Court of Ky., 410 U.S. 484, 494-95 (1973).

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