F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
June 17, 2005
TENTH CIRCUIT
PATRICK FISHER
Clerk
DARIUS LAMAR HENDRICKS,
Petitioner-Appellant, No. 04-7120
v. (D.C. No. 01-CV-361-P)
RANDALL G. WORKMAN, (E.D. Oklahoma)
Respondent-Appellee.
ORDER
Before EBEL, McKAY, and HENRY, Circuit Judges.
After examining Petitioner’s brief and the appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2)(c); 10th Cir. R.
34.1(G). The case is therefore ordered submitted without oral argument.
This is a pro se 28 U.S.C. § 2254 prisoner appeal. Petitioner was convicted
of first degree murder in Oklahoma state court. Subsequently, Petitioner filed a §
2254 petition for habeas corpus relief with the United States District Court for the
Eastern District of Oklahoma. Petitioner argued at the district court and here on
appeal an entitlement to habeas corpus relief based on alleged (1) jury
misconduct, (2) presentation of inflammatory evidence, and (3) insufficient
evidence to support his conviction.
The district court adopted the findings and recommendation of the
magistrate judge and denied Petitioner’s motion, finding no merit to any of
Petitioner’s claims. The district court also declined to grant Petitioner a
certificate of appealability. Petitioner has renewed his request for a certificate of
appealability with this court.
In order for this court to grant a certificate of appealability, Petitioner must
make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. §
2253(c)(2). To do so, Petitioner must demonstrate “that reasonable jurists could
debate whether (or, for that matter, agree that) the petition should have been
resolved in a different manner or that the issues presented were ‘adequate to
deserve encouragement to proceed further.’” Slack v. McDaniel, 529 U.S. 473,
484 (2000) (internal citations and quotations omitted).
We have carefully reviewed Petitioner’s brief, the district court’s
disposition, and the record on appeal. Nothing in the facts, the record on appeal,
or Petitioner’s filing raises an issue which meets our standard for the grant of a
certificate of appealability. For substantially the same reasons as set forth in the
magistrate judge’s report and recommendation, as adopted by the district court in
its November 2, 2004 order, we cannot say “that reasonable jurists could debate
whether (or, for that matter, agree that) the petition should have been resolved in
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a different manner.” Id.
We DENY Petitioner’s request for a certificate of appealability and
DISMISS the appeal. Petitioner’s motion to appeal in forma pauperis is
GRANTED.
Entered for the Court
Monroe G. McKay
Circuit Judge
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