Thomas v. Rios

ORDER DENYING CERTIFICATE OF APPEALABILITY *

SCOTT M. MATHESON, JR., Circuit Judge.

Jerry L. Thomas, a state prisoner ap pearing pro se, 1 seeks to appeal the federal district court’s dismissal of his 28 U.S.C. § 2241 habeas petition. Such an appeal requires a certifícate of appealability (“COA”). 28 U.S.C. § 2258(c)(1)(A). Exercising jurisdiction under §§ 1291 and 2253(a), we deny Mr. Thomas’s request for a COA, and we dismiss this matter.

I. BACKGROUND

Mr. Thomas was convicted in 1981 of second degree burglary and first degree rape. Thomas v. State, 675 P.2d 1016, 1018, 1022…