Hurd v. Chester

Filing 16

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
JIMMY DALE HURD, II,
Petitioner,
v.
CLAUDE CHESTER, Warden,
Respondent.

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Case No. CIV 12-118-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. See Rule 11(a) of the
Rules Governing Section 2254 Cases.
IT IS SO ORDERED this 12th day of February, 2013.