Stuart v. State of Utah

ORDER DENYING CERTIFICATE OF APPEALABILITY *

JEROME A. HOLMES, Circuit Judge.

Darrell Wayne Stuart, a Utah state prisoner proceeding pro se, 1 seeks a certificate of appealability (“COA”) to challenge the district court’s denial of his application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Exercising jurisdiction under 28 U.S.C. §§ 1291 and 2253(c), we deny Mr. Stuart’s application for a COA and dismiss his appeal.

BACKGROUND

Mr. Stuart pleaded guilty in 2007 to two counts of sexual abuse of a child (a second-degree felony in Utah) and was sentenced to two one-to-fifteen-year…