Ritterbush v. State of Utah

Filing 38

Memorandum Decision & Order Denying Certificate of Appealability: It is therefore ordered that a COA is DENIED. Signed by Judge Robert J. Shelby on 05/16/2019. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
LYNDAL D. RITTERBUSH ,
Petitioner,
v.
LARRY BENZON,

MEMORANDUM DECISION & ORDER
DENYING CERTIFICATE OF
APPEALABILITY
Case No. 2:17-CV-913 RJS

Respondent.

Chief District Judge Robert J. Shelby

Based on the Tenth Circuit’s limited remand, the Court considers whether to issue a
certificate of appealability (COA) here. See R.11, Rs. Governing § 2254 Cases in the United
States District Courts (“The district court must issue or deny a [COA] when it enters a final order
adverse to the applicant.”).
When a habeas petition is denied on procedural grounds, as this one was, a petitioner is
entitled to a COA only if he shows that “jurists of reason would find it debatable whether the
district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000)
(citing 28 U.S.C.S. § 2253 (2018)). Petitioner has not made this showing.
IT IS THEREFORE ORDERED that a COA is DENIED.
DATED this 16th day of May, 2019.
BY THE COURT:

CHIEF JUDGE ROBERT J. SHELBY
United States District Court