Sherratt v. Nelson et al, No. 4:2019cv00002 - Document 24 (D. Utah 2019)
Court Description: MEMORANDUM DECISION & ORDER DENYING CERTIFICATE OF APPEALABILITY: It is therefore ordered that a COA is DENIED. Signed by Judge David Nuffer on 05/17/2019. (kpf)
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Sherratt v. Nelson et al Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH WILLIAM HENRY SHERRATT, Petitioner, MEMORANDUM DECISION & ORDER DENYING CERTIFICATE OF APPEALABILITY v. WARDEN SHANE NELSON et al., Respondents. Case No. 4:19-CV-2 DN District Judge David Nuffer Based on the Tenth Circuit’s limited remand, the Court considers whether to issue a certificate of appealability (COA) here. See R.11, Rs. Governing § 2254 Cases in the United States District Courts (“The district court must issue or deny a [COA] when it enters a final order adverse to the applicant.”). When a habeas petition is denied on procedural grounds, as this one was, a petitioner is entitled to a COA only if he shows that “jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (citing 28 U.S.C.S. § 2253 (2018)). Petitioner has not made this showing. IT IS THEREFORE ORDERED that a COA is DENIED. DATED this 17th day of May, 2019. BY THE COURT: JUDGE DAVID NUFFER United States District Court Dockets.Justia.com
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