UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CASE NO. 5:24-cv-00002-MR

CHAD EDWARD CAMPBELL, ) ) Petitioner, ) ) ORDER vs. ) ) PAZAVAR PRIEST, ) Acting Warden, ) ) Respondent. ) ________________________________ )

THIS MATTER comes before the Court on the pro se Motion for Certificate of Appealability filed by Chad Edward Campbell (the “Petitioner”) on February 6, 2024. [Doc. 6]. The Petitioner filed a Petition for Writ of Habeas Corpus pursuant to

in this Court on January 2, 2024. [Doc. 1]. The Court entered an Order on January 22, 2024 dismissing the petition as procedurally barred for failure to exhaust his available state remedies. [Doc. 3]. In that Order, the Court also declined to grant the Petitioner a certificate of appealability pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases. [Id.]. The Petitioner now moves this Court to issue a certificate of appealability. [Doc. 6]. In doing so, the Petitioner reiterates the arguments set forth in his § 2254 petition. [Id.]. As the Court has previously advised the Petitioner, a certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right.

(c)(2); see Rule 11(a), Rules Governing Section 2254 Cases. A petitioner must show that reasonable jurists could debate whether the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further. See Miller-El v. Cockrell,

(2003); Slack v. McDaniel,

(2000). The Court has already set forth its reasoning for the dismissal of the Petition for Writ of Habeas Corpus and explained why it declined to issue a certificate of appealability. [Doc. 8]. The Petitioner sets forth no new arguments to convince the Court that it should reconsider its prior Order and now issue a certificate of appealability. IT IS, THERFORE, ORDERED that the Petitioners Motion for Certificate of Appealability [Doc. 6] is DENIED. IT IS SO ORDERED. Signed: February 9, 2024 ie □□ Chief United States District Judge AS