Opinion
Civil 1:23-cv-119-HSO-LGI
01-02-2024
RUSSELL BOLER PETITIONER v. KELLY CHRISTOPHER RESPONDENT
CERTIFICATE OF APPEALABILITY
HALIL SULEYMAN OZERDEN, UNITED STATES DISTRICT JUDGE.
The Court entered a final order adverse to Petitioner Boler in this habeas corpus case, in which the detention complained of arises out of process issued by a state court. After considering the record in the case and the requirements of 28 U.S.C. § 2253, Rule 22(b) of the Federal Rules of Appellate Procedure, and Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts, this Court finds that a certificate of appealability should not issue. Boler fails to show “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).
SO ORDERED AND ADJUDGED.