Sue v. Kline

ORDER DENYING CERTIFICATE OF APPEALABILITY *

JEROME A. HOLMES, Circuit Judge

I

Petitioner-Appellant Simon Sue, a Colorado state prisoner sentenced in 2003 to a term of imprisonment of fifty-three years, seeks a certificate of appealability (“COA”), with the assistance of counsel, to challenge the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254.

In his petition, Mr. Sue contends that he received ineffective assistance of counsel (“IAC”) when counsel (1) ignored his alleged instructions to file an appeal in the aftermath of his aggravated sentence (opting…