UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

GLENN R. STEVENS,

Petitioner - Appellant,

v.

PEOPLE OF THE STATE OF COLORADO, ATTORNEY GENERAL OF THE STATE OF COLORADO,

Respondents - Appellees.

No. 01-1163

(No. 01-Z-376)

(District of Colorado)

ORDER AND JUDGMENT*

Before EBEL, KELLY, and LUCERO, Circuit Judges.

Pro se petitioner Glenn R. Stevens, a Colorado state prisoner, seeks a certificate of appealability ("COA") pursuant to 28 U.S.C. § 2253(c) to challenge the district court's denial of his petition for a writ of habeas corpus. We conclude that Stevens has not made a substantial showing of the denial of a constitutional right, § 2253(c)(2), and we deny COA.

Stevens pleaded guilty to charges of aggravated robbery, conspiracy, and intimidation of a witness, and he is serving a term of twenty-three years imprisonment. In his habeas application, Stevens claims that he was deprived of his rights to due process and equal protection because he was convicted under state statutes that were published in the Colorado Revised Statutes without an enacting clause. While it is true that the Colorado Constitution requires inclusion of an enacting clause in and publication of each state law,1 Stevens does not dispute that each of the statutes he was convicted under was published, with the enactment clause, in the Session Laws of Colorado. See Colo. Rev. Stat. § 24-
70-223(1) (providing for such publication). We thus find Stevens' application to be without merit.

For substantially the reasons of the district court, the application for COA is DENIED, and the appeal is DISMISSED. Petitioner's motion to proceed in forma pauperis is GRANTED.

The mandate shall issue forthwith.

Entered for the Court,

Carlos F. Lucero

Circuit Judge