George A. Cortez, Petitioner-appellant, v. Eloy Mondragon, Warden; Attorney General for the State Ofnew Mexico, Respondents-appellees, 968 F.2d 19 (10th Cir. 1992)

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US Court of Appeals for the Tenth Circuit - 968 F.2d 19 (10th Cir. 1992) June 22, 1992

Before McKAY, Chief Judge, MOORE, Circuit Judge, and EISELE,1  Senior District Judge.


McKAY, Circuit Judge.

This matter is before the court on appellant's application for a certificate of probable cause.

After reviewing the files and record and hearing oral argument in this case, we conclude that appellant has failed to make a substantial showing of the denial of a federal right necessary for the issuance of a certificate of probable cause under 28 U.S.C. § 2253. See Barefoot v. Estelle, 463 U.S. 880 (1983).

It is therefore ordered as follows:

1. Appellant's application for a certificate of probable cause is denied;

3. The mandate shall issue forthwith.


Honorable Garnett Thomas Eisele, United States Senior District Judge for the Eastern District of Arkansas, sitting by designation


This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3