UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

MARVIN R. WASHINGTON,

Petitioner-Appellant,

v.

RONALD J. CHAMPION; ATTORNEY GENERAL OF THE STATE OF OKLAHOMA,

Respondents-Appellees.

No. 98-5134

(D.C. No. 95-CV-1077-C)

(N.D. Okla.)

ORDER AND JUDGMENT*

Before BRORBY, EBEL, and HENRY, Circuit Judges.

After examining the briefs and 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)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Marvin R. Washington was charged with first degree murder, convicted by a jury of first degree manslaughter, and sentenced by the court to fifty years' imprisonment. His conviction and sentence were affirmed on appeal. He unsuccessfully sought habeas relief in the state courts, and then filed a petition for habeas corpus under 28 U.S.C. § 2254. The district court denied petitioner's habeas petition and his application for a certificate of probable cause for appeal.1 Petitioner renews his request for a certificate of probable cause in this court so that he may appeal from the district court's denial of habeas relief.

In order to obtain a certificate of probable cause, a petitioner must make a "substantial showing of the denial of a federal right." Barefoot v. Estelle, 463 U.S. 880, 893 (1983) (quotation and citation omitted). We have carefully reviewed petitioner's application for a certificate of probable cause, his brief and appendix, and the district court's order. We conclude, for substantially the same reasons as those set forth in the district court's thorough and well-written order filed on July 7, 1998, that petitioner has failed to make a substantial showing of the denial of a federal right.

Accordingly, petitioner's application for a certificate of probable cause is denied, and the appeal is DISMISSED.

Entered for the Court

Wade Brorby

Circuit Judge