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62 F. App'x 453

Blackwell v. Smith

U.S. Courts of Appeals

Decided March 27, 2003

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U.S. Courts of Appeals · decided 2003-03-27

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) · 28 U.S.C. § 636

Relies on Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division

Dismissed by unpublished PER CURIAM opinion · Decided 2003-03-27

PER CURIAM.

¶1 Clifford Adam Blackwell seeks to appeal the magistrate judge’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). * We have independently reviewed the record and conclude that Blackwell has not made a substantial showing of the denial of a constitutional right. See Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1039, 154 L.Ed.2d 931 (2003). Accordingly, we deny Blackwell’s *454 motion for a certificate of appealability, deny leave to proceed in forma pauperis, 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.

*

¶3 The parties consented to the magistrate judge’s jurisdiction pursuant to 28 U.S.C. § 636(c) (2000).

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