Butler v. Ledbetter

United States District Court, Oklahoma Eastern

Butler v. Ledbetter

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA JOSHUA DUANE BUTLER, ) ) Petitioner, ) ) v. ) No. 23-CV-433-RAW-GLJ ) KEVIN LEDBETTER, ) ) Respondent. ) OPINION AND ORDER On January 15, 2024, this Court denied Petitioner’s petition for a writ of habeas corpus filed pursuant to

28 U.S.C. § 2254

(Dkt. 6). On January 26, 2024, he filed a notice of appeal (Dkt. 8). On February 1, 2024, in Case No. 24-7002, the Tenth Circuit Court of Appeals directed this Court to address whether to issue a certificate of appealability (Dkt. 11). After careful review, this Court finds Petitioner has failed to make a “substantial showing of the denial of a constitutional right,” as required by

28 U.S.C. § 2253

(c)(2). In addition, he has not shown “at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether [this] court was correct in its procedural ruling.” Slack v. McDaniel,

529 U.S. 473, 484

(2000). Therefore, a certificate of appealability cannot be issued. ACCORDINGLY, Petitioner is DENIED a certificate of appealability. IT IS SO ORDERED this 6th day of February, 2024.

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