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DeLalio v. State of Wyoming

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ORDER DENYING CERTIFICATE OF APPEALABILITY

Before KELLY, BRISCOE, and HOLMES, Circuit Judges.

Petitioner-Appellant George DeLalio seeks a certificate of appealability (“COA”) allowing him to appeal the denial of his petition for a writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254. The district court dismissed the petition as untimely based on the one-year statute of limitations in 28 U.S.C. § 2244(d)(1). Because the factual basis for Mr. DeLalio’s ineffective assistance of counsel claim could have been discovered through reasonable diligence and equitable tolling is not appropriate, we deny a COA and dismiss the appeal.

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