UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

RONALD RAY COLEMAN,

Petitioner-Appellant,

v.

STEVE HARGETT; ATTORNEY GENERAL OF THE STATE OF OKLAHOMA,

Respondents-Appellees.

No. 96-6209

(D.C. No. CIV-96-16-M)

(W.D. Okla.)

ORDER AND JUDGMENT *

Before BALDOCK, BARRETT, and MURPHY, Circuit Judges.

After examining petitioner's brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Petitioner seeks review of the district court's order denying his petition for habeas relief under 28 U.S.C. § 2254. Before petitioner can proceed on appeal, however, he must secure a certificate of probable cause from this court, pursuant to 28 U.S.C. § 2253. 1 Based upon our review of the record as a whole, we conclude that petitioner has failed to make a substantial showing of a denial of a constitutional right. See Barefoot v. Estelle, 463 U.S. 880, 893 (1983); Lennox v. Evans, 87 F.3d 431, 434 (10th Cir. 1996), cert. denied, 117 S. Ct. 746 (1997), overruled in part by United States v. Kunzman, No. 96-1310, 1997 WL 602507, at *1 n.2 (10th Cir. Oct. 1, 1997).

We, therefore, DENY the application for a certificate of probable cause, and DISMISS the appeal. Petitioner's motion for reimbursement of fees is

GRANTED. His motion for leave to proceed on appeal without prepayment of costs or fees is DENIED.

Entered for the Court

Bobby R. Baldock

Circuit Judge