UNITED STATES COURT OF APPEALS
This is a petition for habeas corpus by a state prisoner. The magistrate
judge wrote an extensive recommendation that the petition be denied. After de
novo review, the trial court entered a carefully written order denying relief. The
trial court did not act on the request for a certificate of appealability. Under our
rules, it is considered denied. The request has been renewed on appeal.
Our review of the briefs, orders, and the record reveal no error in the trial
court's order or the magistrate judge's recommendation to which the trial court
made some references. None of Appellant's objections thereto meet our oft
stated standards for the issuance of a certificate of appealability. See Slack v.
McDaniel, 529 U.S. 473, 474 (2000). Mr. Harge has not made a substantial
showing of a denial of a federal right. He has raised no arguments which require
further proceedings or that are debatable among jurists of reason. See id.
The motion to proceed in forma pauperis is GRANTED. We DENY Mr.
Harge's request for a certificate of appealability and DISMISS the appeal.
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 This order and judgment is not binding
precedent, except under the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.
MARVIN LEE HARGE,
Petitioner-Appellant,
v.
JAMES SAFFLE, Director,
Respondent-Appellee.
Before SEYMOUR and McKAY, Circuit Judges, and
BRORBY, Senior Circuit
Judge.
After examining the briefs and the appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
The case is therefore ordered submitted without oral argument.
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