Ruiz v. Ward

ORDER DENYING CERTIFICATE OF APPEALABILITY

PAUL J. KELLY, JR., Circuit Judge.

Mr. Ruiz, a state inmate appearing through counsel, seeks to appeal from the district court’s order, dismissing his habeas action as barred by the one-year limitation period in 28 U.S.C. § 2244(d)(1). For this court to have jurisdiction over Mr. Ruiz’s appeal, a certificate of appealability (“COA”) must be granted. 28 U.S.C. § 2253(c)(1)(A); Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). We interpret Mr. Ruiz’s notice of appeal as a renewed application for a COA. Fed. R.App. P.…