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KENNAN TEMPLE #103483 v. N BURL CAIN WARDEN.

CERTIFICATE OF APPEALABILITY

HELEN BERRIGAN, Chief Judge

A notice of appeal having been filed in the captioned habeas corpus case, in which the detention complained of arises out of process issued by a state court, the court, considering the record in the case and the requirement of FRAP 22(b), hereby orders that:

a certificate of appealability shall be issued having found that petitioner has made a substantial showing of the denial of a constitutional right related to the following issue(s): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

[X] a certificate of appealability shall not be issued for the following reason(s): ____________________________________________________________________ Petitioner has not made a substantial showing of the denial of a constitutional right ____________________________________________________________________

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TEMPLE v. WARDEN
(Oct 3, 2005)