IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-30435
USDC No. 3:07-CV-601

WINSTON WEBSTER

Petitioner-Appellant

v.

LYNN COOPER, Warden

Respondent-Appellee

Appeal from the United States District Court

for the Middle District of Louisiana

ORDER:
Winston Webster, Louisiana prisoner # 467359, seeks a certificate of
appealability (COA) to appeal the denial of his 28 U.S.C. § 2254 application,
wherein he challenges his conviction for possession with intent to distribute
marIjuana. Webster argues that the district court erred in dismissing his
application as time barred.
To obtain a COA, Webster must make "a substantial showing ofthe denial
of a constitutional right." 28 U.S.C. § 2253(c)(2). When the district court has
dismissed a § 2254 application on procedural grounds, "a COA should issue when
the prisoner shows, at least, 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
Ii

I
No. 08-30435

correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000).

Webster has not made the necessary showing for a COA. See Slack, 529 U.S. at

484. Accordingly, his motion for a COA is DENIED.

UNITED STATES CIRCUIT JUDGE

 United States Court of Appeals

FIFTH CIRCUIT
OFFICE OF THE CLERK

CHARLES R. FULBRUGE III TEL. (504) 310-7700

CLERK 600 S. M AESTRI PLACE
NEW ORLEANS, LA 70130
www.ca5.uscourts.gov

March 16, 2009

Mr. Nick Lorio

U. S. District Court, Middle District of Louisiana
777 Florida Street
Baton Rouge, LA 70801

No. 08-30435, Webster v. Cooper

USDC No. 3:07-CV-601

Enclosed is a copy of the judgment issued as the mandate.

The electronic copy of the record has been recycled.

Sincerely,

CHARLES R. FULBRUGE III, Clerk

By:_____________________
Nancy F. Dolly, Deputy Clerk
504-310-7683

cc: w/encl:
Ms. Elizabeth Ann Engolio
Honorable John V. Parker
Mr. Winston Webster

Form Name: Mandate Issued - MDT-1 (!ag,tax,img)