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55 F. App'x 670

Holston v. Clarke

U.S. Courts of Appeals

Decided February 10, 2003

U.S. Courts of Appeals · decided 2003-02-10

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Dismissed by unpublished PER CURIAM opinion · Decided 2003-02-10

PER CURIAM.

¶1 Victor K. Holston 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). An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by a district court on the merits absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). We have reviewed the record and conclude for the reasons stated by the district court that Holston has not satisfied this standard. See Holston v. Clarke, No. CA-01-223-1 (M.D.N.C. Aug. 13, 2002). Accordingly, we deny Holston’s motion requesting a court order, deny his motion to stay proceedings, deny a certificate of appealability, and dismiss the appeal. 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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