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Easter v. Johnson, 4th Cir. (2004)
Easter v. Johnson, 4th Cir. (2004)
Easter v. Johnson, 4th Cir. (2004)
No. 04-6292
of
the
Virginia
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr., District
Judge. (CA-00-242)
Submitted:
Decided:
Larry Keith Easter, Appellant Pro Se. Richard Carson Vorhis, OFFICE
OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
PER CURIAM:
Larry Keith Easter appeals an order of the district court
dismissing for lack of jurisdiction Easters motion to set aside
judgment, which was characterized by the district court as a
successive 28 U.S.C. 2254 (2000) petition.
Easter may not appeal from the denial of relief in a
2254 proceeding unless a circuit justice or judge issues a
certificate of appealability.
would
find
both
that
his
constitutional
claims
are
537 U.S. 322 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
Rose v. Lee, 252 F.3d 676, 683 (4th Cir.) (2001).
We have reviewed
the record and determine that Easters motion to set aside judgment
is, in substance, a second petition attacking his conviction and
sentence under 28 U.S.C. 2254 (2000).
We therefore treat
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See 28
pre-filing
authorization,
the
district
See
In the absence
court
is
without
therefore
deny
Easters
request
for
certificate
of
DISMISSED
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