Harron James Edwards, Petitioner-appellant, v. Rita Andrews, Respondent-appellee, 85 F.3d 640 (10th Cir. 1996)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Petitioner Herron James Edwards, appearing pro se, filed a habeas petition pursuant to 28 U.S.C. § 2254 in the district court. The district court denied the petition and denied Edwards a certificate of probable cause for leave to proceed on appeal. This matter is before the court on Edwards' application for a certificate of probable cause.

A petitioner convicted of a state crime may appeal a federal district court's denial of habeas corpus relief only if the district court or the court of appeals grants a certificate of probable cause. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). In Barefoot v. Estelle, 463 U.S. 880, 892-93 (1983), the Supreme Court declared that the "primary means of separating meritorious from frivolous [habeas corpus] appeals should be the decision to grant or withhold a certificate of probable cause." To receive a certificate of probable cause, a petitioner must "make a 'substantial showing of the denial of [a] federal right.' " Lozada v. Deeds, 498 U.S. 430, 431 (1991) (per curiam) (quoting Barefoot, 463 U.S. at 893). A petitioner can satisfy this standard by demonstrating that the issues raised are debatable among jurists, that a court could resolve the issues differently, or that the questions presented deserve further proceedings. Gallagher v. Hannigan, 24 F.3d 68, 68 (10th Cir. 1994) (quoting Barefoot, 463 U.S. at 893 & n. 4).

We have reviewed Edwards' application for a certificate of probable cause and appellate brief, the district judge's recommended disposition and order denying a certificate of probable cause, and the entire record before us. We conclude that Edwards has failed to make a substantial showing of the denial of an important federal right necessary for the issuance of a certificate of probable cause under 28 U.S.C. § 2253. See Barefoot, 463 U.S. at 893. Accordingly, we DENY Edwards' application for a certificate of probable cause and DISMISS the appeal.