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Petitioner-Appellant Darrel Joseph Gourley, appearing pro se, appeals the order of the district court denying his petition for writ of habeas corpus under 28 U.S.C. § 2254. As a preliminary matter, Appellees raise an issue of timeliness in filing the notice of appeal. We conclude that Mr. Gourley's appeal is timely and that we have jurisdiction pursuant to Smith v. Barry, 502 U.S. 244, 248-49 (1992).

Mr. Gourley is currently serving sentences of life for first degree murder, fifteen years to life for aggravated burglary, and nine years to life for felony theft as a result of 1977 convictions in state court. In his habeas petition before the district court, Mr. Gourley raised seven different claims of constitutional violation that occurred in the course of his trial in the state court system. After considering and rejecting each claim, the district court denied Mr. Gourley's petition. This appeal followed, raising essentially the same constitutional claims.

After review, we conclude that the district court's decision is correct on the law and is fully supported by the record.

We DENY the certificate of appealability and AFFIRM for the reasons set forth in the district court's Memorandum and Order.

Entered for the Court

Monroe G. McKay

Circuit Judge

^*. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The 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.

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