Roberts v. Curtis

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

MARK JESS ROBERTS, MEMORANDUM DECISION & Petitioner, ORDER DENYING CERTIFICATE OF APPEALABILITY v. SHERIFF NATHAN CURTIS, Case No. 4:19-CV-63 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 (2020)). Petitioner has not made this showing. IT IS THEREFORE ORDERED that a COA is DENIED. Dated February 2, 2021.

BY THE COURT:

David Nuffer United States District Judge