Opinion
Case No. 19-CV-3173-EFM
02-24-2021
HARABIA JABBAR JOHNSON, Petitioner, v. JEFF ZMUDA, SECRETARY, KANSAS DEPARTMENT OF CORRECTIONS, Respondent.
MEMORANDUM AND ORDER
Before the Court is Petitioner Harabia Jabbar Johnson's Application for Certificate of Appealability (Doc. 23). A court may only grant a COA "if the applicant has made a substantial showing of the denial of a constitutional right." A petitioner satisfies this burden if " 'reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong.' " For the reasons explained in the Court's Memorandum & Order filed on December 15, 2020 (Doc. 20), the Court concludes that Petitioner has not made a substantial showing of the denial of a constitutional right. The Court therefore denies a COA.
28 U.S.C. § 2253(c)(2). A "final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court" is not appealable unless a circuit justice or a circuit or district judge issues a COA. See 28 U.S.C. § 2253(c)(1)(A).
Saiz v Ortiz, 392 F.3d 1166, 1171 n.3 (10th Cir. 2004) (quoting Tennard v. Dretke, 524 U.S. 274, 282 (2004)). --------
IT IS THEREFORE ORDERED that Petitioner Harabia Jabbar Johnson's Application for Certificate of Appealability (Doc. 23) is DENIED.
IT IS SO ORDERED.
Dated this 24th day of February, 2021.
This case is closed.
/s/
ERIC F. MELGREN
UNITED STATES DISTRICT JUDGE