-KEW Rivers v. Jones, No. 6:2008cv00380 - Document 27 (E.D. Okla. 2011)

Court Description: OPINION AND ORDER by District Judge James H. Payne, denying certificate of appealability (Re: 24 Notice of Appeal to Circuit Court ) (lsa, Chambers)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA GREGORY D. RIVERS, Petitioner, v. JUSTIN JONES, Respondent. ) ) ) ) ) ) ) ) ) No. CIV 08-380-JHP-KEW ORDER AND OPINION DENYING CERTIFICATE OF APPEALABILITY Petitioner has filed a notice of intent to appeal the court s denial of 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 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). ACCORDINGLY, petitioner is denied a certificate of appealability. IT IS SO ORDERED this 13th day of January 2011.

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