UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

DONALD FORD REYNOLDS,

Petitioner-Appellant,
v.	No. 99-3191
ROBERT D. HANNIGAN, Warden, Hutchinson Correctional Facility; ATTORNEY GENERAL OF THE STATE OF KANSAS,

Respondents-Appellees.	(D.C. No. 85-CV-3559-DES)

(D. Kan.)

ORDER AND JUDGMENT*

Before SEYMOUR, Chief Judge, BALDOCK, and HENRY, Circuit Judges.**

Petitioner Donald Ford Reynolds was convicted in Oklahoma state court on two counts of indecent liberties with a child. Because he previously had been convicted of lewd molestation in Oklahoma, Petitioner received an enhanced sentence of twenty to eighty years imprisonment. After unsuccessfully exhausting his state court remedies, Petitioner filed a § 2254 petition for a writ of habeas corpus in the federal district court alleging numerous instances of ineffective assistance of trial counsel. In a thorough report and recommendation, a magistrate judge recommended that the petition be denied. Following a de novo review, the district court in a memorandum opinion and order adopted the magistrate judge's recommendation and denied the petition. The district court declined to grant Petitioner's application for a certificate of probable cause to appeal. His renewed application is before us.1

In order to obtain a certificate of probable cause to appeal the denial of a § 2254 petition, a petitioner must make a "substantial showing of the denial of a federal right." Barefoot v. Estelle, 463 U.S. 880, 893 (1983). We have thoroughly reviewed Petitioner's application for a certificate of probable cause, his brief, the magistrate judge's report and recommendation, the district court's memorandum opinion and order, and the entire record before us. We conclude that Petitioner has failed to make a substantial showing of the denial of a constitutional right substantially for the reasons set forth in the magistrate judge's report and recommendation and the district court's memorandum opinion and order. Accordingly, we deny Petitioner's application for a certificate of probable cause and dismiss the appeal.

CERTIFICATE OF PROBABLE CAUSE DENIED; APPEAL DISMISSED.

Entered for the Court,

Bobby R. Baldock

Circuit Judge