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Cudworth v. Johnson, 4th Cir. (2010)
Cudworth v. Johnson, 4th Cir. (2010)
No. 10-6459
of
Respondents - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Jackson L. Kiser, Senior
District Judge. (7:09-cv-00373-jlk-mfu)
Submitted:
Decided:
PER CURIAM:
David
courts
order
petition.
James
denying
Cudworth
relief
seeks
on
to
his
28
appeal
U.S.C.
district
2254
(2006)
the
absent
substantial
constitutional right.
See 28 U.S.C.
showing
of
the
denial
of
When the
standard
by
demonstrating
that
reasonable
jurists
would
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
Slack,
and conclude that Cudworth has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss
the appeal.
before
the
court
and
argument
would
not
aid
the
decisional
process.
DISMISSED