Public-domain · open source
OpenJurist

78 F. App'x 279

Lucas v. Eagleton

U.S. Courts of Appeals

Decided October 21, 2003

This page is marked noindex.

U.S. Courts of Appeals · decided 2003-10-21

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Dismissed by unpublished PER CURIAM opinion · Decided 2003-10-21

PER CURIAM.

¶1 Johnny Lee Lucas seeks to appeal the district court’s orders accepting the recommendation of the magistrate judge and denying relief on his petition filed under 28 U.S.C. § 2254 (2000), and his motion to alter or amend (Appeal No. 03-7025), as well as the district court’s order denying him a certificate of appealability (Appeal No. 03-7199). An appeal may not be taken from the final order in a § 2254 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 the district court on the merits *280 absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). We have independently reviewed the record and conclude that Lucas has not made the requisite showing. See Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). Accordingly, we deny a certificate of appealability and dismiss the appeals. 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.

/78/fappx/279 · .json · Public domain