Wells v. Yandell et al

Filing 13

OPINION AND ORDER by Judge Frank H. Seay, denying certificate of appealability(acg, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA JAMAR ALLEN WELLS, Petitioner, v. JUSTIN JONES, DOC Director, Respondent. ) ) ) ) ) ) ) ) ) No. CIV 10-412-FHS-KEW OPINION AND ORDER DENYING CERTIFICATE OF APPEALABILITY On this date the court dismissed petitioner’s petition for a writ of habeas corpus for failure to exhaust administrative and state court remedies. After careful review of the record, the court concludes 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). See also 28 U.S.C. § 2253(c). Accordingly, petitioner is denied a certificate of appealability. IT IS SO ORDERED this 3rd day of August, 2011.

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