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47 F. App'x 245

Simms v. Baskerville

U.S. Courts of Appeals

Decided September 30, 2002

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U.S. Courts of Appeals · decided 2002-09-30

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)

Dismissed by unpublished PER CURIAM opinion · Decided 2002-09-30

PER CURIAM.

¶1 Timothy L. Simms seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed the record and the district court’s opinion and conclude on the reasoning of the district court that Simms has not made a substantial showing of the denial of a constitutional right. See Simms v. Baskerville, No. CA-02-621-7 (W.D.Va. July 18, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). 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.

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