Candelaria

ORDER DENYING CERTIFICATE OF APPEALABILITY

Petitioner-Appellant Bernabe Candelaria, a Utah state prisoner proceeding pro se, seeks a certificate of appealability (“COA”) to appeal from the denial of his habeas petition under 28 U.S.C. § 2254 . We take jurisdiction under 28 U.S.C. § 1291 , DENY Mr. Candelaria’s request for a COA, and DISMISS this appeal.

I. BACKGROUND

Mr. Candelaria was convicted by a jury of unlawful sexual activity with a minor and forcible sexual assault on April 24, 2001. The Utah Court of Appeals affirmed his conviction on May 2, 2002. Mr. Candelaria did not file a petition for certiorari with the Utah Supreme Court.

On November 4 and 6, respectively, Mr. Candelaria filed a petition for post-conviction relief in Utah state court and a federal habeas petition under § 2254 in the United States District Court for the District of Utah, arguing that the jury’s verdict was inconsistent and that the prosecution had failed to disclose a police report prior to trial. The state trial court denied the petition for relief, the Utah Court of Appeals affirmed, and the Utah Supreme Court ultimately denied Mr. Candelaria’s petition for certiorari on March 18, 2004. While…