UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

GARRY ENSEY, also known as Garry Dean Ensey,

Petitioner-Appellant,

v.

MIKE MULLINS, Warden,

Respondent-Appellee.

No. 05-7104

(D.C. No. 02-CV-501-P)

(E.D. Okla.)

ORDER

DENYING A CERTIFICATE OF APPEALABILITY

Before TACHA, Chief Judge, O'BRIEN, and McCONNELL, Circuit Judges.

Garry Ensey, an Oklahoma state prisoner proceeding pro se, seeks a certificate of appealability ("COA") to challenge the district court's denial and dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus, in which he asserted that his Sixth Amendment right to a speedy trial and his rights under the Interstate Agreement on Detainers, Okla. Stat. tit. 22, § 1347, were violated.

To obtain a COA under [28 U.S.C.] § 2253(c), a habeas prisoner must make a substantial showing of the denial of a constitutional right, a demonstration that . . . includes showing 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, 483-84 (2000) (citation and quotation omitted).1

Having carefully considered Mr. Ensey's application for a COA and his opening brief, the record, and the applicable law, we determine that he has not made a substantial showing of the denial of a constitutional right. Accordingly, we DENY his request for a COA and DISMISS the appeal.2

Entered for the Court

Deanell Reece Tacha

Chief Circuit Judge