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NEVIUS v. McDANIEL

No. 00-99009.

218 F.3d 940 (2000)

Thomas NEVIUS, Petitioner-Appellant, v. E.K. McDANIEL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 31, 2000.

Attorney(s) appearing for the Case

Michael Pescetta, Assistant Federal Public Defender, Las Vegas, Nevada, for the petitioner-appellant.

Dorothy Nash Holmes, Deputy Attorney General, Carson City, Nevada, for the respondent-appellee.

Before: CANBY, BOOCHEVER, and KLEINFELD, Circuit Judges.

ORDER

Thomas Nevius, a Nevada prisoner under sentence of death, seeks a certificate of appealability to permit him to appeal the district court's denial of his successive petition for habeas corpus, filed pursuant to 28 U.S.C. § 2254. Because Nevius seeks to appeal after the effective date of the Antiterrorism and Effective Death Penalty Act ("AEDPA"), he cannot appeal unless a circuit justice or circuit or district judge issues a certificate of appealability...

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