Benson v. Braun

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Barry Lee Benson, 	)
)
Petitioner, 	) 	ORDER
)
vs. 	)
)
Colby Braun, Warden, 	) 	Case No. 1:17-cv-244
)
Respondent. 	)
On May 4, 2018, petitioner filed a request for a certificate of appealability. In its March 28,
2018, order granting respondent’s motion to dismiss, the court declined to issue petitioner a
certificate of appealability. 	In so doing, it opined: “Reasonable jurists would not debatable the
disposition of the claims, whether on the merits or on procedural grounds.” 	(Doc. 	No. 20).
Accordingly, defendant’s instant request (Doc. No. 25) is DENIED.
IT IS SO ORDERED.
Dated this 4th day of May, 2018
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
Case 1:17-cv-00244-CSM Document 26 Filed 05/04/18 Page 1 of 1