Butler v. Ledbetter

Filing 12

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

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

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