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No. 02-7697
ELMER BARLEY,
Petitioner - Appellant,
versus
DEBORAH E. HOGES, Clerk of Court, Campbell
County, Virginia,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-02-723-7)
Submitted:
Decided:
January 7, 2003
PER CURIAM:
Elmer Barley seeks to appeal the district courts order
denying relief on his petition filed under 28 U.S.C. 2254 (2000).
An appeal may not be taken from the final order in a habeas corpus
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 a district
court on the merits absent a substantial showing of the denial of
a constitutional right.
As to
conclude for the reasons stated by the district court that Barley
has not satisfied either standard. See Barley v. Hoges, No. CA-02723-7 (W.D. Va. Oct. 21, 2002). Accordingly, we deny a certificate
of appealability and dismiss the appeal.
presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED