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