UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

BYRON KYLE GAY,

Petitioner - Appellant,

vs.

BOB FURLONG; ATTORNEY GENERAL OF THE STATE OF COLORADO,

Respondents - Appellees.

No. 00-1498

(	D.C. No. 00-Z-1732)

(D. Colo.)

ORDER AND JUDGMENT*

Before EBEL, KELLY, and LUCERO, Circuit Judges.**

Mr. Gay, an inmate proceeding pro se, seeks to appeal from the district court's denial of his habeas petition.1 Mr. Gay is presently serving a seven-year prison sentence for second-degree burglary in a Colorado state prison. R. doc. 8, at 2. He received this sentence, which includes five years of probation, after his community corrections sentence was terminated. Id. at 1-2.

Because the parties are familiar with the facts, we do not recite them here. In his habeas petition, Mr. Gay asserted three bases for relief: (1) that he was unable to obtain relief through state post-conviction procedures; (2) that he was resentenced in violation of Colo. Rev. Stat. § 17-27-105(1)(e); and (3) that he was resentenced in violation of the double jeopardy clause of the United States Constitution. R. doc. 4, at 6-10. The district court rejected Mr. Gay's petition on all three grounds. We have reviewed the district court's order, the record, and Mr. Gay's habeas petition and COA application filed on appeal. For substantially the same reasons given by the district court, we conclude that Mr. Gay has not "made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). We therefore GRANT Mr. Gay's motion for leave to proceed in forma pauperis, DENY his application for a COA, and DISMISS his petition. We also DENY Mr. Gay's Request to Enter Default against the respondents.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge