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ORTIZ v. STEWART

No. 99-99027.

195 F.3d 520 (1999)

Ignacio Alberto ORTIZ, Petitioner-Appellant, v. Terry STEWART, Director, Arizona Department of Corrections, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 25, 1999.

Attorney(s) appearing for the Case

Sean Bruner, Bruner & Upham, and Kelley J. Henry, Deputy Federal Public Defender, Tucson, Arizona, for petitioner-appellant.

Kent E. Cattani and Jack Roberts, Assistant United States Attorneys, Phoenix, Arizona, for respondents-appellees.

Before: D.W. NELSON, BRUNETTI, HAWKINS, Circuit Judges.

PER CURIAM.

Igancio Alberto Ortiz seeks a Certificate of Appealability and a Stay of Execution pursuant to 28 U.S.C. § 2253 permitting him to appeal the district court's order denying his Rule 60(b) motion. We conclude that a Certificate of Appealability and a Stay should not issue because Ortiz has not made the substantial showing required by 28 U.S.C. § 2253(c)(2) that he has been denied a constitutional right.

First, we agree with the district...

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