Gist v. Evans

ORDER DENYING CERTIFICATE OF APPEALABILITY *

Jewel Wesley Gist, an Oklahoma state prisoner proceeding pro se, seeks a Certificate of Appealability (“COA”) in order to appeal the dismissal of his 28 U.S.C. § 2254 habeas petition. Exercising our jurisdiction under 28 U.S.C. §§ 1291 and 2253(a), we deny Mr. Gist a COA and dismiss the matter.

I. Background

On August 6, 2001, Mr. Gist was convicted in Oklahoma state court on his pleas of guilty to larceny of an automobile, and second-degree burglary. He was sentenced that day to a twenty-year term of imprisonment on each count, to be served…