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Tasby v. United States Parole Commission
Citation: 88 F. App'x 616Docket: No. 03-7655
Court: Court of Appeals for the Fourth Circuit; February 24, 2004; Federal Appellate Court
Johnnie Tasby, a Texas state prisoner, seeks to appeal the district court's order denying his petition under 28 U.S.C. § 2241 without prejudice. The appeal is contingent upon obtaining a certificate of appealability from a circuit justice or judge, as outlined in 28 U.S.C. § 2253(c)(1). A certificate of appealability is granted only if there is a substantial showing of the denial of a constitutional right, per 28 U.S.C. § 2253(c)(2). After reviewing the record, the court concluded that Tasby did not meet this requirement. Therefore, the court denied the certificate of appealability and dismissed the appeal. Oral argument was deemed unnecessary, as the facts and legal issues were sufficiently presented in the submitted materials. The appeal is dismissed.