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Garcia v. Figueroa

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ORDER DENYING CERTIFICATE OF APPEALABILITY

Before KELLY, McKAY, and LUCERO, Circuit Judges.

Petitioner-Appellant Norman Garcia, a state inmate appearing pro se, seeks a certificate of appealability (“COA”) allowing him to appeal the district court’s denial of his application for a writ of habeas corpus. 28 U.S.C. § 2253; 28 U.S.C. § 2254. For this court to issue a COA on a habeas claim denied on the merits, Mr. Garcia must make a “substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), which requires him to demonstrate that “reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). For a habeas claim denied on procedural grounds, Mr. Garcia must show “that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and . . . whether the district court was correct in its procedural ruling.” Id. Because we conclude that Mr. Garcia has failed to make a “substantial showing of the denial of a constitutional right,” we deny a COA and dismiss the appeal. 28 U.S.C. § 2253(c)(2).

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