Koeller v. Andrewjeski

Opinion

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5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 10 11 BRYON C. KOELLER, CASE NO. 2:22-cv-00046-TL 12 Petitioner, ORDER DENYING CERTIFICATE v. OF APPEALABILITY 13 MELISSA ANDREWJESKI, 14 Respondent. 15 16 17 This matter is before the Court on Petitioner’s Motion for Certificate of Appealability. 18 Dkt. No. 31. “A certificate of appealability may issue . . . only if the [petitioner] has made a 19 substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). A petitioner 20 can satisfy this standard “by demonstrating that jurists of reason could disagree with the district 21 court’s resolution of his constitutional claims or that jurists could conclude the issues presented 22 are adequate to deserve encouragement to proceed further.” Miller-El v. Cockrell, 537 U.S. 322, 23 // 24 // 1 327 (2003) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)). Neither Mr. Koeller’s 2 objections to the Report and Recommendation nor his motion meet this standard. See Dkt. 3 Nos. 26, 31. The Court therefore DENIES Mr. Koeller’s request for a certificate of appealability. 4

5 Dated this 25th day of January 2023. 6 A 7 Tana Lin United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24