Stouffer v. Evans, No. 6:2012cv00329 - Document 33 (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 THE EASTERN DISTRICT OF OKLAHOMA BIGLER JOBE STOUFFER, II, ) ) ) ) ) ) ) ) ) Petitioner, v. ANITA TRAMMELL, Warden, Respondent. Case No. CIV 12-329-RAW-KEW OPINION AND ORDER DENYING CERTIFICATE OF APPEALABILITY On this date the court dismissed petitioner's petition for a writ of habeas corpus as barred by the statute oflimitations. After a 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. § 2253(c). ACCORDINGLY, petitioner is denied a certificate of appealability. See Rule 11(a) of the Rules Governing Section 2254 Cases. See also Montez v, McKinna, 208 F .3d 862, 867 (holding that "a state prisoner must obtain a COA to appeal the denial of a habeas petition, whether such petition was filed pursuant to § 2254 or § 2241 "). IT IS SO ORDERED this I 11~ day of September 2013. RONALD A. WHITE UNITED STATES DISTRICT JUDGE
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