Opinion
Case No. 2:17-CV-1317 DN
10-15-2019
STEVEN MICHAEL FAIRCHILD, Petitioner, v. SHANE NELSON, Respondent.
MEMORANDUM DECISION & ORDER DENYING CERTIFICATE OF APPEALABILITY
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:
/s/_________
JUDGE DAVID NUFFER
United States District Court