Lister v. Jones
Opinion of the Court
ORDER
Petitioner, a pro se state prisoner, seeks a certificate of appealability to appeal the denial of his 28 U.S.C. § 2254 habeas petition.
The case was referred to a magistrate judge, who issued a report and recommendation stating Petitioner’s petition for ha-beas corpus should be denied. Specifically, the magistrate judge found, under the appropriate standard of review, there was sufficient evidence to support Petitioner’s conviction, the jury instructions and forms did not violate constitutional due process requirements, and Petitioner failed “to show the trial court’s failure to renumber the counts on the verdict forms violated his federal constitutional rights,” (Doc. 21 at 15). Additionally, the magistrate judge found that Petitioner’s claims of ineffective assistance of counsel failed to meet the Strickland standard. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct.
After reviewing Petitioner’s filings, the magistrate judge’s report and recommendation, the district court’s order, and the record, we conclude that reasonable jurists would not debate whether “the petition should have been resolved in a different manner.” Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000). Therefore, for substantially the reasons set forth in the magistrate judge’s thorough and well-reasoned recommendation, we DENY Petitioner’s request for a certificate of appealability and DISMISS the appeals.
This order is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1.
. Petitioner filed notices of appeal both from the district court's final order on the merits and from that court's order denying a certificate of appealability. We have consolidated both appeals for procedural purposes.
Reference
- Full Case Name
- Ronnie D. LISTER v. Justin JONES
- Status
- Published