Nash v. McKune

ORDER AND JUDGMENT *

HARTZ, Circuit Judge.

After examining the briefs and 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); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Sheldon K Nash appeals the district court’s order denying his petition for a writ of habeas corpus. For Nash to proceed on appeal, he must obtain a certificate of appealability (COA). See 28 U.S.C. § 2253(c)(1)(A). We may grant him a COA only if he “has made a substantial…