FILED
United States Court of Appeals
Tenth Circuit

MAR 23 2000

PATRICK FISHER
Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

BILLY JOE BAILEY,

	Petitioner-Appellant,		
v.	No. 99-6415	
GLYNN BOOHER, Warden,

	Respondent-Appellee.	(D.C. No. CIV-99-1461-L)
(W.D. Okla.)	

ORDER AND JUDGMENT*

Before BALDOCK, HENRY, and LUCERO, Circuit Judges.** 

	Petitioner Billy Joe Bailey, proceeding pro se, appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254.  The district court denied Petitioner’s motion to proceed in forma pauperis on appeal, see 28 U.S.C. § 1915(a)(1), and denied his application for a certificate of appealability, see 28 U.S.C. § 2253(c)(2).  We deny Petitioner’s application for a certificate of appealability and dismiss Petitioner’s appeal.
	Petitioner pled nolo contendere to several drug-related charges on June 20, 1997 and was sentenced to 25 years imprisonment.  On June 11, 1999, Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 claiming ineffective assistance of counsel and improper sentencing enhancement.  The magistrate judge issued a thorough report and recommendation denying the petition as untimely because of the one-year statute of limitations in 28 U.S.C. § 2244(d).  The district court adopted the magistrate judge’s report and recommendation and summarily dismissed the petition.  The district court subsequently denied Petitioner’s application for a certificate of appealability.
	We have thoroughly reviewed the record on appeal, Petitioner’s brief, the magistrate judge’s report and recommendation, and the district court’s order.  We deny Petitioner’s application for a certificate of appealability for substantially the reasons set forth in the magistrate judge’s report and recommendation.
	CERTIFICATE OF APPEALABILITY DENIED; APPEAL DISMISSED.
										
						Entered for the Court,

						Bobby R. Baldock
						Circuit Judge