Brown v. Roberts

ORDER DENYING CERTIFICATE OF APPEALABILITY *

JEROME A. HOLMES, Circuit Judge.

David R. Brown, a Kansas state prisoner proceeding pro se, 1 seeks a certificate of appealability (“COA”) to challenge the district court’s denial of his application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Exercising jurisdiction under 28 U.S.C. § 1291, we deny Mr. Brown a COA.

I

In 1997, Mr. Brown was convicted in Kansas state court on charges of aggravated robbery and kidnaping. 2 Mr. Brown filed a notice of appeal with the state appellate court in 1997, but his counsel failed to docket or…