Brown v. Kansas Department of Corrections

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In the United States District Court
for the District of Kansas
_____________
Case No. 23-cv-03072-TC
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RICO J. BROWN, SR.,
Plaintiff
v.
HAZEL M. PETERSON,
Defendant
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ORDER
Rico Brown filed a petition for a writ of habeas corpus under 28
U.S.C. § 2254 challenging his state-court conviction. Doc. 1. That pe-
tition was denied because Brown’s claims either faced an anticipatory
procedural bar or failed on the merits. Doc. 21. Under Rule 11 of the
Rules Governing Section 2254 Cases, district courts must issue or deny
a certificate of appealability when they enter a final order adverse to
the applicant.
A certificate of appealability is denied. Regarding Brown’s claims
that failed on procedural grounds, a certificate of appealability should
issue if Brown shows “that jurists of reason would find it debatable
whether the petition states a valid claim of the denial of a constitutional
right, and that jurists of reason would find it debatable whether the
district court was correct in its procedural ruling.” Slack v. McDaniel,
529 U.S. 473, 478 (2000). The failure to satisfy either prong requires
denial. Id. at 485. Brown has not shown that jurists of reason would
find it debatable whether his claims faced an anticipatory procedural
bar. See generally Doc. 21. And regarding Brown’s claims that failed on
the merits, a certificate of appealability should issue if Brown “has
made a substantial showing of the denial of a constitutional right.” 28
U.S.C. § 2253(c)(2). Brown has made no such showing. See generally
Doc. 21. Accordingly, a certificate of appealability is denied.
Case 5:23-cv-03072-TC Document 23 Filed 12/12/25 Page 1 of 2

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It is so ordered.
Date: December 12, 2025 s/ Toby Crouse
Toby Crouse
United States District Judge
Case 5:23-cv-03072-TC Document 23 Filed 12/12/25 Page 2 of 2