King v. Miller

ORDER DENYING CERTIFICATE OF APPEALABILITY **

CAROLYN B. McHUGH, Circuit Judge.

Petitioner Clarence King, appearing pro se, seeks a certificate of appealability (COA) to challenge the district court’s denial of habeas relief under 28 U.C.S. § 2254. The district court denied Mr. King’s request for habeas relief as untimely. Because we agree that Mr. King’s § 2254 petition was untimely, we deny his request for a COA and dismiss the appeal.

In December 2003, a Colorado jury convicted Mr. King of second degree assault, second degree kidnapping, and attempted sexual assault. He was sentenced to ten…