Opinion
CASE NO. 2:11-CV-1067
12-10-2013
LOWELL P. POULSON, Petitioner, v. WARDEN, ROSS CORRECTIONAL INSTITUTION, Respondent.
JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp
OPINION AND ORDER
On June 24, 2013, final judgment was entered dismissing the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter now is before the Court on Petitioner's notice of appeal and request for a certificate of appealability. For the reasons that follow, Petitioner's request for a certificate of appealability is DENIED.
Petitioner asserts that he was denied a fair trial based on a constitutionally unreliable witness identification of him as one of the armed robbers of a Donatos Pizza and because the evidence was insufficient to sustain his convictions. The Court dismissed both of these claims on the merits.
When a claim has been denied on the merits, a certificate of appealability may issue only if the petitioner "has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). This standard is a codification of Barefoot v. Estelle, 463 U.S. 880 (1983). Slack v. McDaniel, 529 U.S. 473, 484. To make a substantial showing of the denial of a constitutional right, a petitioner must show
that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were " 'adequate to deserveId. Petitioner has failed to meet this standard here. His request for a certificate of appealability therefore is DENIED.
encouragement to proceed further.' " Barefoot, 463 U.S ., at 893, and n. 4....
IT IS SO ORDERED.
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ALGENON L. MARBLEY
United States District Judge