Robledo v. Jones, No. 11-1556 (10th Cir. 2012)
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FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS TENTH CIRCUIT April 19, 2012 Elisabeth A. Shumaker Clerk of Court CRAIG S. ROBLEDO, Petitioner - Appellant, No. 11-1556 (D.C. No. 1:11-CV-02130-LTB) (D. Colo.) v. S. JONES (Centennial CF); THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents - Appellees. ORDER DENYING CERTIFICATE OF APPEALABILITY Before KELLY, TYMKOVICH, and GORSUCH, Circuit Judges. Craig Robledo, a state inmate appearing pro se, seeks a certificate of appealability ( COA ) so that he may appeal from the district court s denial of his 28 U.S.C. § 2254 petition. Finding that he has not made a substantial showing of the denial of a constitutional right, 28 U.S.C. § 2253(c), we deny Mr. Robledo s request for a COA and dismiss this appeal. Mr. Robledo was sentenced to a three-year term of incarceration on March 30, 2009, and did not appeal his conviction or sentence. Robledo v. Jones, No. 11-cv-2130-BNB, 2011 WL 5910411, at *1 (D. Colo. Nov. 28, 2011). He filed various motions for Colorado post-conviction relief between December 2009 and July 2011, but did not appeal from the denial of any of those motions. Id. at *1*2. Instead, he filed a petition for federal habeas relief in August 2011. Id. at *2. The district court was unable to determine, based upon the showing by Respondents, whether the petition was time-barred. 28 U.S.C. § 2244(d). Instead, it denied Mr. Robledo s petition for failure to exhaust state remedies by properly presenting his claims to state appellate courts and failure to demonstrate cause for his procedural default. Robledo, 2011 WL 5910411 at *3-*4. Given that the district court rejected his petition on procedural grounds, Mr. Robledo must demonstrate that jurists of reason would find it debatable whether [(1)] the petition states a valid claim of the denial of a constitutional right and . . . [(2)] the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000). The district court s procedural ruling is not debatable. Mr. Robledo did not present his state post-conviction claims to state appellate courts, as required by § 2254(b)(1)(A). See Selsor v. Workman, 644 F.3d 984, 1026 (10th Cir. 2011). Furthermore, Mr. Robledo has not challenged the district court s procedural conclusion with any argument relating to cause and prejudice or a fundamental miscarriage of justice. See Coronado v. Ward, 517 F.3d 1212, 1215-16 (10th Cir. 2008). We need not address whether the petition states a valid claim of the denial of a constitutional right. We therefore DENY Mr. Robledo s request for a COA, DENY IFP status, -2- and dismiss this appeal. Entered for the Court Paul J. Kelly, Jr. Circuit Judge -3-
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