Mendenhall v. Parker, No. 6:2012cv00050 - Document 19 (E.D. Okla. 2013)
Court Description: OPINION AND ORDER by Judge Ronald A. White, denying certificate of appealability(acg, Deputy Clerk)
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IN THE UNITED STATES DISTRICT COURT FOR Tlfi':. EASTERN DISTRICT OF OKLAHOMA .J:I ILE D JUN 1 3 2013 TUCKER MENDENHALL, Petitioner, v. DAVID PARKER, Warden, Respondent. ) ) ) ) ) ) ) ) ) PATRICK l>J.<JA.NEY 8 Clerk, U.S. District Court Y----,oroe=p=ufy":'"'lc~le:-.:r.rk--- Case No. CIV 12-050-RAW-KEW OPINION AND ORDER DENYING CERTIFICATE OF APPEALABILITY The court dismissed petitioner's petition for a writ ofhabeas corpus without prejudice for his failure to comply with the court's order to advise the court of his intentions for proceeding with this mixed petition. After careful review of the record, the court concludes petitioner has not shown "at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether [this] court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). See also 28 U.S.C. ยง 2253(c). ACCORDINGLY, petitioner is denied a certificate of appealability. See Rule ll(a) of the Rules Governing Section 2254 Cases. IT IS SO ORDERED this jJfV day of June 2013. RONALD A. WHITE UNITED STATES DISTRICT JUDGE
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