NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.
Before ANDERSON, LOGAN, and MURPHY, Circuit Judges.
This matter is before the court on Petitioner Larry D. Maynard's application for a certificate of appealability to appeal the district court's dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We have reviewed the district court's order, Petitioner's application for a certificate of appealability, and the record before us. For the reasons set forth in the district court's order of June 13, 1996, we conclude that Petitioner has failed to make "a substantial showing of a the denial of a constitutional right." See Antiterrorist and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, tit. 1, §§ 102-03, 110 Stat. 1214 (1996) (to be codified at 28 U.S.C. § 2253(c)(2)). Accordingly, we DENY Petitioner's application for a certificate of appealability and DISMISS the appeal.
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3