Dorsey v. McKune

ORDER DENYING CERTIFICATE OF APPEALABILITY

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant James L. Dorsey, a state inmate appearing pro se, seeks a certificate of appealability (“COA”) to appeal the district court’s denial of his 28 U.S.C. § 2254 habeas petition. Because we conclude that Mr. Dorsey has not made “a substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2258(c)(2), we deny his request for a COA and dismiss the appeal. See Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000).

Mr. Dorsey was convicted and sentenced to 45 months’…