F I L E D United States Court of Appeals Tenth Circuit

FEB 11 1997 UNITED STATES COURT OF APPEALS PATRICK FISHER Clerk TENTH CIRCUIT

LAVERN BERRYHILL,

Petitioner - Appellant, v. No. 96-6264 (D.C. No. CIV-95-700-T) EDWARD EVANS, (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