Stouffer v. Workman

Filing 33

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

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
BIGLER JOBE STOUFFER, II,

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Petitioner,

v.
ANITA TRAMMELL, Warden,
Respondent.

Case No. CIV 12-329-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 oflimitations. After a 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. See also Montez v, McKinna, 208 F .3d 862, 867
(holding that "a state prisoner must obtain a COA to appeal the denial of a habeas petition,
whether such petition was filed pursuant to § 2254 or § 2241 ").
IT IS SO ORDERED this

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day of September 2013.

RONALD A. WHITE
UNITED STATES DISTRICT JUDGE