Hodges v. Parker

Filing 24

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

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
JERRY D. HODGES,
Petitioner,
v.
JANET DOWLING, Warden,1
Respondent.

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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).