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UNITED
STATES COURT OF APPEALS
TENTH CIRCUIT
| DAVID SERNA,
Petitioner-Appellant,
v.
STATE OF OKLAHOMA,
Respondent-Appellee. |
No.04-6102
N.D. of Okla.
(03-CV-1370-HE)
|
ORDER DENYING CERTIFICATE OF APPEALABILITY(*)
Before KELLY, HENRY, and TYMKOVICH, Circuit
Judges.(2)
Plaintiff-Appellant David Serna, an Oklahoma prisoner, brings this pro se
28 U.S.C. § 2254 petition alleging that he did not knowingly and voluntarily
agree to his plea bargain. The district court denied the petition on March 25,
2004. For the reasons stated in our September 15, 2004 Order filed in the related
case, 04-6045, we deny this application for a Certificate of Appealability, and
dismiss Serna's petition.
Entered for the Court
Timothy M. Tymkovich
Circuit Judge
FOOTNOTES
Click footnote number to return to corresponding location in the text.
*. This order is not binding precedent, except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; nevertheless, an order may be cited under the terms and
conditions of 10th Cir. R. 36.3.
2. After examining the briefs and the appellate
record, this three-judge
panel has determined unanimously that oral argument would not be of material
assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th
Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.
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