UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
HAROLD D. HORNSBY, | |
Petitioner-Appellant, | |
v. | |
EDWARD L. EVANS, JR., | |
Respondent-Appellee. |
In order for this court to grant a certificate of appealability, Petitioner must make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2004). To do so, Petitioner must demonstrate "that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 484 (2000) (quotations omitted).
We have carefully reviewed Petitioner's brief, the district court's disposition, and the record on appeal. Nothing in the facts, the record on appeal, or Petitioner's brief raises an issue which satisfies our standard for the grant of a certificate of appealability. For substantially the same reasons as set forth by the district court in its Order of April 2, 2004, we cannot say "that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner." Id.
We DENY Petitioner's request for a certificate of appealability and DISMISS the appeal. Appellant's motion to file an amended petition for writ of habeas corpus is DENIED. The motion to proceed in forma pauperis on appeal is GRANTED.
Entered for the Court
Monroe G. McKay
Circuit Judge
*.We note that this case has a long filing history in both the district court and on appeal. This is Petitioner's sixth appeal to this court related to the underlying district court case 95-CV-940.