Lopez v. Trani , 434 F. App'x 758 ( 2011 )

FILED
United States Court of Appeals
Tenth Circuit
September 26, 2011
UNITED STATES COURT OF APPEALSElisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
VICTOR LOPEZ,
Petitioner–Appellant, No. 11-1186
v. (D. Colorado)
TRAVIS TRANI, Warden; THE (D.C. No. 09-CV-01551-ZLW)
ATTORNEY GENERAL OF THE
STATE OF COLORADO,
Respondents–Appellees.
ORDER DENYING CERTIFICATE OF APPEALABILITY*
Before O’BRIEN, McKAY, and TYMKOVICH, Circuit Judges.
After this court denied his request for a certificate of appealability, see Lopez v.
Trani, 628 F.3d 1228 (10th Cir. 2010), Petitioner filed a post-judgment motion asking the
district court to strike certain statutes as unconstitutional. The court denied his motion,
and Petitioner filed a notice of appeal.
To appeal the denial of his post-judgment motion in this habeas case, Petitioner
*
This order is not binding precedent except under the doctrines of law of the case,
res judicata, and collateral estoppel. It may be cited, however, for its persuasive value
consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
must obtain a certificate of appealability. See Dulworth v. Jones, 496 F.3d 1133, 1135-36
(10th Cir. 2007). We conclude that reasonable jurists would not debate whether the
district court erred in denying Petitioner’s post-judgment motion, see Slack v. McDaniel,
529 U.S. 473, 484 (2000), and we therefore DENY Petitioner’s request for a certificate of
appealability and DISMISS the appeal. Petitioner’s motion to proceed in forma pauperis
is also DENIED.
ENTERED FOR THE COURT
Monroe G. McKay
Circuit Judge
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