BERRYHILL v. EVANS, 105 F.3d 1336 (10th Cir. 1997)


Lavern BERRYHILL, Petitioner-Appellant, v. Edward EVANS, Respondent-Appellee.

No. 96-6264.United States Court of Appeals, Tenth Circuit.
February 11, 1997.

Before SEYMOUR, Chief Judge; PORFILIO, and MURPHY, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

[1] Appellant has failed to demonstrate the denial of a constitutional right by showing the issues raised in his appeal are debatable among jurists; that a court could resolve the issues differently; or that the questions deserve further proceedings. Essentially for the reasons stated in the recommendation of the magistrate judge contained in the record, the certificate of appealability is DENIED, and the appeal isDISMISSED.

Page 1337

28 U.S.C. § 2253(c)(2); Lennox v. Evans, 87 F.3d 431
(10th Cir. 1996).

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