F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS FEB 7 1997 TENTH CIRCUIT PATRICK FISHER Clerk ARIC KNOX, Petitioner-Appellant, v. No. 96-6297 (D.C. No. CIV-96-652-A) RON WARD, (Western District of Oklahoma) Respondent-Appellee.

ORDER

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

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

ENTERED FOR THE COURT

John C. Porfilio Circuit Judge