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HARRIS v. U.S.

No. 97-4309.

170 F.3d 607 (1999)

Tyrone K. HARRIS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 17, 1999.

Attorney(s) appearing for the Case

Melynda W. Cook (briefed), Schad, Buda & Cook LLC, Cincinnati, OH, for Petitioner-Appellant.

Gary L. Spartis (briefed), Office of U.S. Attorney, Columbus, OH, for Respondent-Appellee.

Before: MERRITT, DAUGHTREY, and FARRIS, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

In the instant § 2255 case, the petitioner timely filed on November 5, 1997, a notice of appeal from the District Court's October 23, 1997, partial denial of a certificate of appealability. The petitioner did not file a separate notice of appeal from the District Court's September 23, 1997, order denying the § 2255 petition on the merits. The question before us is whether such a notice of appeal, referring only to...

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