Opinion
CASE NO. 2:12-CV-643
04-05-2013
JOHN W. KULYK, Petitioner, v. WARDEN, HOCKING CORRECTIONAL FACILITY, Respondent.
JUDGE JAMES L. GRAHAM
Magistrate Judge Elizabeth A. Preston Deavers
OPINION AND ORDER
On March 19, 2013, the Court granted Respondent's Motion to Dismiss this action as barred by the one-year statute of limitations under 28 U.S.C. § 2244(d) and entered judgment. This matter now is before the Court on Petitioner's request for a certificate of appealability. For the reasons that follow, Petitioner's request for a certificate of appealability. Doc. No. 17, is DENIED.
Where, as here, the habeas corpus petition is denied on procedural grounds, a certificate of appealability "should issue when the prisoner shows, 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 the district court was correct in its procedural ruling." Slack v. McDaniel 529 U.S. 473, 484 (2000). Petitioner has failed to establish that reasonable jurists would debate whether the district court was correct in its procedural ruling. Petitioner's request for a certificate of appealability is, therefore. DENIED.
IT IS SO ORDERED
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JAMES L. GRAHAM
United States District Judge