Ray v. Simmons

ORDER DENYING A CERTIFICATE OF APPEALABILITY

LUCERO, Circuit Judge.

Orval Nathan Ray, a state prisoner proceeding pro se, requests a certificate of appealability (“COA”) to appeal the denial of his 28 U.S.C. § 2254 habeas corpus petition. For substantially the same reasons set forth by the district court in its Order of July 19, 2004, we DENY Ray’s request for a COA and DISMISS.

Following a 1997 jury trial, Ray was convicted of conspiracy to commit aggravated robbery, aggravated robbery, aggravated burglary, and kidnaping in Kansas state courts. During state appellate proceedings, the Kansas…