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382 F. App'x 320

Hancock v. Watson

U.S. Courts of Appeals

Decided June 10, 2010

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U.S. Courts of Appeals · decided 2010-06-10

Cited by 1 later decisions (1 by the Supreme Court) — most recently April 2011

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Slack v. McDaniel

Good law ✅— No negative treatment on recordhow we know

Decided 2010-06-10

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¶1 Dismissed by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

*321 PER CURIAM:

¶3 In these consolidated cases, Michael Todd Hancock appeals from the district court’s orders dismissing without prejudice his 28 U.S.C. § 2254 (2006) petition. The orders are not appealable unless a circuit justice or judge issues certificates of ap-pealability. See 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). Where, as here, the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the petition states a debatable claim of the denial of a constitutional right. Slack v. McDaniel, 529 U.S. 473, 484-85, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000). We have independently reviewed the record and conclude that Hancock has not made the requisite showing. Accordingly, in each appeal, we deny a certificate of appealability and dismiss the appeal. We deny all motions pending in each case, including the motions to proceed in forma pauperis, the motions to compel copies, and the motions to waive copies. 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.

¶4 DISMISSED.

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