UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

KENNETH HARTFIELD,

Petitioner-Appellant,

v.

CHARLES SIMMONS; PHIL KLINE,

Respondents-Appellees.	No. 04-3352

(D.C. No. 03-CV-3191-JTM)

(D. Kan.)

ORDER

Before EBEL, McKAY and HENRY, Circuit Judges.

Petitioner-Appellant Kenneth Hartfield appeals1 the district court's decision denying him habeas relief, see 28 U.S.C. § 2254, from his Kansas convictions for aggravated kidnapping, aggravated criminal sodomy and rape. On appeal, Hartfield argues that 1) there was insufficient evidence to support any of his convictions; 2) his attorney provided ineffective representation;2 and 3) the trial judge failed to hold a hearing to determine whether Hartfield's seven-year-old daughter's testimony was in accord with Kan. Stat. Ann. § 60-460(dd).

To pursue this appeal, Hartfield must first obtain a certificate of appealability (COA). See 28 U.S.C. § 2253(c)(1)(A). To be entitled to a COA, Hartfield must make a "substantial showing of the denial of a constitutional right." Id. § 2253(c)(2). And to make this showing, he must establish that "reasonable jurists could debate whether (or for that matter, agree that) the petition should have been resolved [by the district court] in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 483-84 (2000) (quotations omitted). After carefully considering Hartfield's arguments and the entire record, we conclude Hartfield has failed to make a sufficient showing that he is entitled to COA on any of his claims. Therefore, we DISMISS this appeal.

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge