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51 F. App'x 474

Johnson v. McLeod

U.S. Courts of Appeals

Decided December 4, 2002

U.S. Courts of Appeals · decided 2002-12-04

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Dismissed by unpublished PER CURIAM opinion · Decided 2002-12-04

PER CURIAM.

¶1 Heyward Eugene Johnson seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed the record and conclude on the reasoning of the district court that Johnson has not made a substantial showing of the denial of a constitutional right. See Johnson v. McLeod, No. CA-01-4017 (D.S.C. filed Aug. 29, 2002; entered Aug. 30, 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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