Johnson v. Zmuda

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS HARABIA JABBAR JOHNSON, Petitioner,

vs. Case No. 19-CV-3173-EFM JEFF ZMUDA, SECRETARY, KANSAS DEPARTMENT OF CORRECTIONS, Respondent.

MEMORANDUM AND ORDER Before the Court is Petitioner Harabia Jabbar Johnson’s Application for Certificate of Appealability (Doc. 23). A court may only grant a COA “if the applicant has made a substantial showing of the denial of a constitutional right.”1 A petitioner satisfies this burden if “ ‘reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.’ ”2 For the reasons explained in the Court’s Memorandum & Order filed on December 15, 28 U.S.C. § 2253(c)(2). A “final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court” is not appealable unless a circuit justice or a circuit or district judge issues a COA. See 28 U.S.C. § 2253(c)(1)(A).

2 Saiz v Ortiz, 392 F.3d 1166, 1171 n.3 (10th Cir. 2004) (quoting Tennard v. Dretke, 524 U.S. 274, 282 (2004)).

2020 (Doc. 20), the Court concludes that Petitioner has not made a substantial showing of the denial of a constitutional right. The Court therefore denies a COA.

IT IS THEREFORE ORDERED that Petitioner Harabia Jabbar Johnson’s Application for Certificate of Appealability (Doc. 23) is DENIED.

IT IS SO ORDERED.

Dated this 24th day of February, 2021.

This case 1s closed.

ERIC F. MELGREN UNITED STATES DISTRICT JUDGE -2-