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NEWBURY v. THALER

No. 10-70028.

DONALD KEITH NEWBURY, Petitioner-Appellant, v. RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed: July 14, 2011.

PER CURIAM.*

Petitioner Donald Keith Newbury, convicted of capital murder and sentenced to death in Texas state court, requests a Certificate of Appealability (COA) so he may appeal the district court's denial of his petition for a writ of habeas corpus. We DENY his COA request because Newbury has not made a substantial showing of the denial of a constitutional right or otherwise met the qualifications for his application.

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