Williamson v. Parker

Filing 38

Certificate of Appealability Denied re 34 Notice of Appeal. Signed by Honorable Timothy D. DeGiusti on 12/20/16. (ml)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA KENNETH WILLIAMSON, Petitioner, v. DAVID PARKER, Respondent. ) ) ) ) ) ) ) ) ) Case No. CIV-13-899-D ORDER 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.

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