Pruitt v. Parker, No. 6:2009cv00341 - Document 28 (E.D. Okla. 2010)
Court Description: OPINION AND ORDER by Judge Frank H. Seay, denying certificate of appealability (Re: 23 Notice of Appeal to Circuit Court ) (trl, Chambers)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA JOHN PRUITT, Petitioner, v. DAVID PARKER, Warden, Respondent. ) ) ) ) ) ) ) ) ) No. CIV 09-341-FHS-KEW ORDER AND OPINION DENYING CERTIFICATE OF APPEALABILITY Petitioner has filed a notice of intent to appeal the court s order entered March 9, 2010, denying his petition for a writ of habeas corpus. After a careful review of the record the court concludes petitioner has failed to make a substantial showing of the denial of a constitutional right, as required by 28 U.S.C. ยง 2253(c)(2). The court further finds that petitioner has not demonstrate[d] that reasonable jurists would find [this] court s assessment of the constitutional claims debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000). ACCORDINGLY, petitioner is denied a certificate of appealability. DATED this 5th day of April, 2010.
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