Fairchild v. State of Utah et al

Filing 31

MEMORANDUM DECISION AND ORDER DENYING CERTIFICATEOF APPEALABILITY - IT IS THEREFORE ORDERED that a COA is DENIED. See Order for details. Signed by Judge David Nuffer on 10/15/19. (jmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
STEVEN MICHAEL FAIRCHILD,
Petitioner,
v.
SHANE NELSON,

MEMORANDUM DECISION &
ORDER DENYING CERTIFICATE
OF APPEALABILITY
Case No. 2:17-CV-1317 DN

Respondent.

District Judge David Nuffer

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 15th day of October, 2019.
BY THE COURT:

JUDGE DAVID NUFFER
United States District Court