Free Certificate of Appealability Denied - District Court of Colorado - Colorado

Case 1:04-cv-01173-ZLW-PAC

Document 53

Filed 05/15/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 04-cv-01173-ZLW-PAC PATRICK O' BOYLE, Applicant, v. JOSEPH ORTIZ, and THE ATTORNEY GENERAL OF THE STATE OR COLORADO, Respondents. ORDER DENYING CERTIFICATE OF APPEALABILITY This Court, in the above entitled proceedings, has rendered an Order denying applicant' s Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 and dismissing the case. The Court has reviewed the record which conclusively shows that applicant is entitled to no relief. The reasons stated in the Order and Judgment of Dismissal filed April 12, 2006, are incorporated herein by reference as though fully set forth. Accordingly, the Court finds that a certificate of appealability should not issue because applicant has not made a substantial showing of the denial of a constitutional right. It is, therefore, ORDERED that no certificate of appealability will issue. It is FURTHER ORDERED that applicant' " s Motion for Unlimmted [sic] Extension of Time, and also to be sent an Application for Certificate of Appealability and copy of U.S. 10th Circuit Rules"is denied as moot. DATED at Denver, Colorado this 15 day of May , 2006.

BY THE COURT:

ZITA L. WEINSHIENK, Senior Judge United States District Court