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22 F. App'x 84

Freeman v. Condon

U.S. Courts of Appeals

Decided September 26, 2001

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U.S. Courts of Appeals · decided 2001-09-26

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Coleman v. Thompson

Decided 2001-09-26

PER CURIAM.

¶1 Roderick Keith Freeman seeks to appeal the district court’s order denying Freeman’s petition for a writ of habeas corpus under 28 U.S.C.A. § 2254 (West 1994 & Supp.2000). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss Freeman’s appeal substantially on the reasoning of the district court. * See Freeman v. Condon, CA-00-536-7 (D.S.C. Mar. 28, 2001). 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 DISMISSED.

*

¶3 To the extent Freeman contends he was denied effective assistance of counsel at his post-conviction relief hearing, we note that defendants are not constitutionally entitled to counsel at such hearings, a necessary prerequisite to a constitutional ineffective assistance of counsel claim. See Coleman v. Thompson, 501 U.S. 722, 752, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991).

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