Fairchild v. State of Utah et al, No. 2:2017cv01317 - Document 31 (D. Utah 2019)
Court Description: MEMORANDUM DECISION AND ORDER DENYING CERTIFICATEOF APPEALABILITY - IT IS THEREFORE ORDERED that a COA is DENIED. See Order for details. Signed by Judge David Nuffer on 10/15/19. (jmr)
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Fairchild v. State of Utah et al Doc. 31 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH STEVEN MICHAEL FAIRCHILD, Petitioner, v. SHANE NELSON, MEMORANDUM DECISION & ORDER DENYING CERTIFICATE OF APPEALABILITY Case No. 2:17-CV-1317 DN Respondent. 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 15th day of October, 2019. BY THE COURT: JUDGE DAVID NUFFER United States District Court Dockets.Justia.com
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