Galbreath v. Wilkinson

Filing 39

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

DONALD JAMES GALBREATH
Petitioner,
v.
ROBERT PATTON, DOC Director,
Respondent.

)
)
)
)
)
)
)
)
)

Case No. CIV 12-381-RAW-KEW

OPINION AND ORDER
DENYING CERTIFICATE OF APPEALABILITY
On September 29, 2015, the court affirmed and adopted the Magistrate Judge’s Report
and Recommendation and dismissed petitioner’s petition for a writ of habeas corpus. After
a careful review of the record, the court concludes petitioner has failed to make a “substantial
showing of the denial of a constitutional right,” as required by 28 U.S.C. § 2253(c)(2). The
court further finds 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).
ACCORDINGLY, petitioner is denied a certificate of appealability. See Rule 11(a)
of the Rules Governing Section 2254 Cases.
IT IS SO ORDERED this 7th day of October 2015.

Dated this 7th day of October, 2015.

J4h4i0