|MARK STEVEN MEAD,
STATE OFCOLORADO; ATTORNEY GENERAL OF THE STATE OF COLORADO; ROBERT FURLONG,
To proceed on appeal, Mr. Mead must obtain a certificate of appealability ("COA"), 28 U.S.C. § 2253(c)(2). Because the district court's ruling was based upon procedural grounds, he must demonstrate "that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and 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). Mr. Mead did not take a direct appeal or seek postconviction relief via Colo. R. Crim. P. 35. He has failed to exhaust state remedies. See Duncan v. Walker, 533 U.S. 167, 178-79 (2001) (discussing exhaustion requirement).
We deny a COA, DENY in forma pauperis status and DISMISS the appeal.
Entered for the Court
Paul J. Kelly, Jr.
*. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
2. After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.