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.**

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