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Elisabeth A. Shumaker
Clerk of Court
JERRY MASKE,
Petitioner - Appellant,
v.
MARY CHAPPELL; THE
ATTORNEY GENERAL OF THE
STATE OF COLORADO,
No. 09-1438
(D. Colorado)
(D.C. No. 1:09-CV-02188-ZLW)
Respondents - Appellees.
I.
BACKGROUND
Jerry L. Maske filed an application under 28 U.S.C. 2254 in the United
States District Court for the District of Colorado on September 14, 2009. The
application was assigned civil docket number 1:09-cv-02188-ZLW. The only
claim raised in the application is that Mr. Maskes sentence in Case No. J97955 in
the Aurora municipal court was based on an unreasonable determination of the
facts in light of evidence presented in the state court proceedings. R. at 5. The
district court dismissed the application without prejudice on the ground that it was
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II.
DISCUSSION
A COA will issue only if the applicant has made a substantial showing of
so we decline to review them. See Grubbs v. Hannigan, 982 F.2d 1483, 1484 n.1
(10th Cir. 1993). Accordingly, no reasonable jurist could debate whether
Mr. Maskes application under 2254 should have been resolved in a different
manner or that the issues he presented were adequate to deserve encouragement to
proceed further. See Slack, 529 U.S. at 484.
III.
CONCLUSION
We DENY the application for a COA. Because his application for a COA
Harris L Hartz
Circuit Judge
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