Cole v. Workman

Filing 15

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
HAROLD D. COLE,
Petitioner,
v.
TERRY MARTIN, Warden
Respondent.

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No. CIV 11-297-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 17th day of July, 2012.