Cotner v. Trammell

Filing 31

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

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FIT~D IN THE UNITED STATES DISTRICT COURT FOR THE~H 1 ~. ()Drl EASTERN DISTRICT OF OKLAHOMA ... ROBERT E. COTNER, Petitioner, v. TRACY McCOLLUM, Warden, Respondent. WILL:. ) ) ) ) ) ) ) ) ) Clerk. By . !{IE Oi<.<roct Court Deputy Cieik No. CIV 12-270-RAW-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. ยง 2253(c). ACCORDINGLY, petitioner is denied a certificate of appealability. See Rule 11 (a) of the Rules Governing Section 2254 Cases. },l /f' IT IS SO ORDERED this -!c_'---"1=----'- day of February 2013. ~?f. '2-/Llt R NALDA:WIIITE UNITED STATES DISTRICT JUDGE

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