Smith v. Archuleta

ORDER DENYING CERTIFICATE OF APPEALABILITY *

Gregory A. Phillips, Circuit Judge

Marlon Smith, a Colorado state prisoner proceeding pro se, 1 applies for a certificate of appealability (COA) to challenge a district-court order denying his 28 U.S.C. § 2254 application for a writ of habeas corpus. He also seeks leave to proceed in forma pauperis (IFP). Exercising jurisdiction under 28 U.S.C. § 1291, we deny Smith’s IFP motion, deny his COA application, and dismiss this matter.

BACKGROUND

On May 15, 20.03, a jury convicted Smith of first-degree murder, two counts of attempted first-degree murder, two…