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TENTH CIRCUIT
PATRICK FISHER
Clerk
MARLON D. JACKSON,
Petitioner-Appellant.
No. 05-3037
v.
(04-CV-3331-SAC)
(D. Kansas)
Respondents-Appellees.
ORDER
Before EBEL, McKAY, and HENRY, Circuit Judges.
After examining Petitioners brief and the appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
The case is therefore ordered submitted without oral argument.
This is a pro se 28 U.S.C. 2254 prisoner appeal. Petitioner was convicted
by jury of first-degree felony-murder. Petitioners subsequent appeal to the
Supreme Court of Kansas was denied and his conviction was upheld. Petitioner
then filed a 2254 petition for habeas corpus relief with the United States
District Court for the District of Kansas. In that petition, Petitioner alleged
district court in its December 17, 2004 Order, we cannot say that it is debatable
whether the district court was correct in its procedural ruling. Id.
We DENY Petitioners request for a certificate of appealability and
DISMISS the appeal.
Entered for the Court
Monroe G. McKay
Circuit Judge
-3-