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