Opinion
23-CV-433-RAW-GLJ
02-06-2024
JOSHUA DUANE BUTLER, Petitioner, v. KEVIN LEDBETTER, Respondent.
OPINION AND ORDER
RONALD A. WHITE, UNITED STATES DISTRICT JUDGE
On January 15, 2024, this Court denied Petitioner's petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (Dkt. 6). On January 26, 2024, he filed a notice of appeal (Dkt. 8). On February 1, 2024, in Case No. 24-7002, the Tenth Circuit Court of Appeals directed this Court to address whether to issue a certificate of appealability (Dkt. 11).
After careful review, this Court finds Petitioner has failed to make a “substantial showing of the denial of a constitutional right,” as required by 28 U.S.C. § 2253(c)(2). In addition, he has not shown “at least, 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). Therefore, a certificate of appealability cannot be issued.
ACCORDINGLY, Petitioner is DENIED a certificate of appealability.
IT IS SO ORDERED.