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77 F. App'x 672

Morrow v. Harkleroad

U.S. Courts of Appeals

Decided October 10, 2003

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

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)

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

Dismissed by unpublished PER CURIAM opinion · Decided 2003-10-10

PER CURIAM:

¶1 Jody Larry Morrow appeals from the order of the district court denying relief on his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (2000). In reviewing the denial of a § 2254 petition, this Court may only grant a certificate of appealability if the appellant makes a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). The relevant inquiry is whether “ ‘reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.’” Miller-El v. Cockrell, 537 U.S. 322, 337-39, 123 S.Ct. 1029, 1040, 154 L.Ed.2d 931 (2003) (quoting Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)). We have independently reviewed the record and conclude that Morrow has failed to make this showing. Accordingly, we 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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