HERD v. TAPIA

No. 09-2166.

TROY HERD, Petitioner-Appellant, v. GEORGE TAPIA, Warden and GARY K. KING, Attorney General of the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

December 14, 2009.


ORDER DENYING CERTIFICATE OF APPEALABILITY*

NEIL M. GORSUCH, Circuit Judge.

Troy Herd, a New Mexico state prisoner proceeding pro se, applies for a certificate of appealability (COA) to challenge the federal district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. After review of his application, however, we see no basis on which we may lawfully grant his application.

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