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

Case 1:00-cv-01102-WYD

Document 71

Filed 05/01/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-01102-WYD DARYL L. KINGSOLVER, Applicant, v. CHARLES RAY, Warden, and KEN SALAZAR, Attorney General of the State of Colorado, Respondents.

ORDER DENYING CERTIFICATE OF APPEALABILITY Daniel, Judge Applicant has filed a notice of appeal from this court' final order denying his Application for a s Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody and dismissing the action and a motion for extension of time to file a certificate of appealability. The court has reviewed the file and finds that a certificate of appealability pursuant to 28 U.S.C. § 2253(c) should not be issued because applicant has not made a substantial showing of the denial of a constitutional right. Accordingly, it is ORDERED that a certificate of appealability will not be issued. It is FURTHER ORDERED that applicant' motion for extension of time to file a certificate of s appealability is denied as moot.

Dated: May 1, 2006 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge