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70 F. App'x 149

McJunkins v. Harkleroad

U.S. Courts of Appeals

Decided July 31, 2003

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U.S. Courts of Appeals · decided 2003-07-31

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

Dismissed by unpublished PER CURIAM opinion · Decided 2003-07-31

PER CURIAM.

¶1 Marty McJunkins, a North Carolina inmate, seeks to appeal the district court’s order accepting the report and recommendation of a magistrate judge and denying relief on his petition filed under 28 U.S.C. § 2254 (2000). We have independently reviewed the record and conclude that McJunkins 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, 154 L.Ed.2d 931 (2003). Accordingly, although we grant McJunkins’s motion to amend his informal brief, 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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