Fairchild v. State of Utah

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

STEVEN MICHAEL FAIRCHILD, . MEMORANDUM DECISION & Petitioner, ORDER DENYING CERTIFICATE OF APPEALABILITY

SHANE NELSON, 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 15" day of October, 2019. BY THE COURT:

United States District Court