Miller v. Mullin

Filing 12

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

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
HARRY WAYNE MILLER, JR.,
Petitioner,
v.
ANITA TRAMMELL, Warden
Respondent.

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No. CIV 10-487-FHS-KEW

OPINION AND ORDER
DENYING CERTIFICATE OF APPEALABILITY
On this date the court dismissed petitioner’s petition for a writ of habeas corpus as
barred by the statute of limitations. 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.