UNITED STATES COURT OF APPEALS
|CARL ZENON, Warden, A.V.C.F.; JOE ORTIZ, Executive Director, Colorado Department of Corrections; and KEN SALAZAR, Attorney General of the State of Colorado,|
The district court denied Mr. Gallegos's application for a certificate of appealability and his request to proceed in forma pauperis. He then applied to this court for a certificate of appealability and renewed his application to proceed in forma pauperis.
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) (2000). 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 that meets our standards for the grant of a certificate of appealability. For substantially the same reasons as set forth by the district court in its Order of August 20, 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 proceed in forma pauperis on appeal is GRANTED.
Entered for the Court
Monroe G. McKay