Williamson v. Parker
Certificate of Appealability Denied re 34 Notice of Appeal. Signed by Honorable Timothy D. DeGiusti on 12/20/16. (ml)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
Case No. CIV-13-899-D
Defendant, a state prisoner appearing pro se, has filed a request under 28
U.S.C. § 2253 for a certificate of appealability (“COA”) to appeal the denial of his
Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 [Doc. No. 32].
Defendant is entitled to a COA only upon making a substantial showing of the
denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Milton v. Miller, 812
F.3d 1252, 1263 (10th Cir. 2016). Defendant can make such a showing by
demonstrating that the issues he seeks to raise are debatable among jurists of
reason or adequate to deserve further proceedings. Id.; Slack v. McDaniel, 529 U.S.
473, 483-84 (2000). Having reviewed the motion and the underlying record, the
Court finds Defendant has not made this requisite showing. Accordingly, his
request for a Certificate of Appealability is DENIED.
IT IS SO ORDERED this 20th day of December, 2016.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?