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Saenz-Jurado v. Suthers

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ORDER DENYING CERTIFICATE OF APPEALABILITY

Before MURPHY, GORSUCH, and HOLMES, Circuit Judges.

This matter is before the court on Abel Saenz-Jurado’s pro se requests for a certificate of appealability (“COA”) and for permission to proceed on appeal in forma pauperis. Saenz-Jurado seeks a COA so he can appeal the district court’s dismissal, on timeliness grounds,*fn1 of his 28 U.S.C. § 2241 petition. See 28 U.S.C. § 2253(c)(1)(A) (providing no appeal may be taken from a “final order in a habeas proceeding in which the detention complained of arises out of process issued by a State court” unless the petitioner first obtains a COA); Montez v. McKinna, 208 F.3d 862, 867 n.6 (10th Cir. 2000) (“[A] federal prisoner seeking to challenge a detainer arising out of process issued by a state court must obtain a COA in order to appeal a district court order denying relief.”). We grant SaenzJurado’s request to proceed on appeal in forma pauperis. Because he has not, however, “made a substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), this court denies Saenz-Jurado’s request for a COA and dismisses this appeal.

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