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Barry v. Reid

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ORDER DENYING CERTIFICATE OF APPEALABILITY

Before HARTZ, McKAY, and O’BRIEN, Circuit Judges.

Michael D. Barry, a Colorado state prisoner proceeding pro se, seeks a certificate of appealability (COA) to appeal the dismissal of his 28 U.S.C. § 2254 application for habeas relief. See 28 U.S.C. § 2253(c) (requiring COA to appeal dismissal of § 2254 application).The United States District Court for the District of Colorado dismissed the application without prejudice because some of Mr. Barry’s claims were not cognizable under § 2254, and the remainder had not been properly exhausted in state court. Because a reasonable jurist could not debate the correctness of this decision, we deny a COA and dismiss the appeal.

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