Todd v. Miller

ORDER DENYING CERTIFICATE OF APPEALABILITY

PAUL KELLY, JR., Circuit Judge.

Petitioner-Appellant Gary Eugene Todd, a state prisoner appearing pro se, seeks a certificate of appealability (“COA”) so that he may appeal from the district court’s denial of his habeas petition filed pursuant to 28 U.S.C. § 2254. The district court dismissed Mr. Todd’s petition as untimely. Our jurisdiction arises under 28 U.S.C. § 2253(c)(1), and as Mr. Todd has failed to make “a substantial showing of the denial of a constitutional right,” see 28 U.S.C. § 2253(c)(2), we deny a COA and dismiss the appeal.

The issuance…