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October 4, 2013
Elisabeth A. Shumaker
Clerk of Court
v.
JANE STANDIFIRD, Warden,
Respondent - Appellee.
This matter is before the court on Donald Ray Cowans pro se request for a
certificate of appealability (COA). Cowan seeks a COA so he can appeal the
district courts denial of his 28 U.S.C. 2254 habeas corpus petition. 28 U.S.C.
2253(c)(1)(A). Because Cowan has not made a substantial showing of the
denial of a constitutional right, id. 2253(c)(2), this court denies his request for
a COA and dismisses this appeal.
Following a jury trial in Oklahoma state court, Cowan was convicted on a
single count of First Degree Manslaughter. The trial court sentenced Cowan to
four years imprisonment, a sentence consistent with the jurys recommendation.
As noted in the district courts order, some aspects of these three claims of
error were not properly exhausted in Cowans direct appeal to the OCCA. The
district court, nevertheless, exercised its discretion to deny relief on the
unexhausted aspects of these three claims on the merits. 28 U.S.C. 2254(b)(2).
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Accordingly, this court DENIES Cowans request for a COA and DISMISSES
this appeal. All of Cowans numerous pending motions are hereby DENIED.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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