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57 F. App'x 582

Jackson v. Angelone

U.S. Courts of Appeals

Decided March 17, 2003

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U.S. Courts of Appeals · decided 2003-03-17

Cited by 1 later decisions (1 by the Supreme Court) — most recently November 2003

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 · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Rose v. Lee

Good law ✅— No negative treatment on recordhow we know

Dismissed by unpublished PER CURIAM opinion · Decided 2003-03-17

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PER CURIAM.

¶1 D’Andre Loverture Jackson seeks to appeal the district court’s order accepting the magistrate judge’s recommendation and denying relief on his 28 U.S.C. § 2254 (2000) petition. To be entitled to a certificate of appealability, Jackson must make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). When a district court dismisses on procedural grounds, the petitioner “must demonstrate both (1) ‘that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right,’ and (2) ‘that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.’ ” Rose v. Lee, 252 F.3d 676, 684 (4th Cir.2001) (quoting Slack v. McDaniel, 529 U.S. 473, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)), cert. denied, 534 U.S. 941, 122 S.Ct. 318, 151 L.Ed.2d 237 (2001) . Upon independent examination of Jackson’s petition, we cannot conclude that reasonable jurists would find it debatable whether the district court correctly concluded the petition was untimely. See Miller-El v. Cockrell, — U.S. -, 123 S.Ct. 1029, 154 L.Ed.2d 931, 2003 WL 431659, at *10 (U.S. Feb. 25, 2003) (No. 02-7662). Accordingly, we grant Jackson’s motion to supplement his informal brief, 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 be *583 fore the court and argument would not aid the decisional process.

¶2 DISMISSED.

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