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15 F. App'x 180

Evans v. Ray

U.S. Courts of Appeals

Decided August 15, 2001

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U.S. Courts of Appeals · decided 2001-08-15

Cited by 1 later decisions — most recently May 2002

1 federal appellate ·

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

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Decided 2001-08-15

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PER CURIAM.

¶1 Willie Franklin Evans seeks to appeal the district court’s order denying his motion for a certificate of appealability. We have reviewed the record and the district court’s order and find no reversible error. Because Evans can potentially refile his claims under 28 U.S.C.A. § 2255 (West Supp.2000), 1 we find that he has failed to make a substantial showing of the denial of a constitutional right. See 28 U.S.C.A. § 2253(c)(2). Accordingly, we affirm the district court’s order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶2 AFFIRMED.

1

¶3 . We express no opinion on the ultimate success or failure of a § 2255 motion.

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