Butler v. Ledbetter

Filing 12

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

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
JOSHUA DUANE BUTLER,
Petitioner,
v.
KEVIN LEDBETTER,
Respondent.

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No. 23-CV-433-RAW-GLJ

OPINION AND ORDER
On January 15, 2024, this Court denied Petitioner’s petition for a writ of habeas
corpus filed pursuant to 28 U.S.C. § 2254 (Dkt. 6). On January 26, 2024, he filed a notice
of appeal (Dkt. 8). On February 1, 2024, in Case No. 24-7002, the Tenth Circuit Court of
Appeals directed this Court to address whether to issue a certificate of appealability (Dkt.
11).
After careful review, this Court finds 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). In
addition, he 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). Therefore, a certificate of appealability cannot be
issued.
ACCORDINGLY, Petitioner is DENIED a certificate of appealability.
IT IS SO ORDERED this 6th day of February, 2024.