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JONES v. POLK

No. 04-13.

401 F.3d 257 (2005)

John Wesley JONES, Petitioner — Appellant, v. Marvin POLK, Warden, Central Prison, Respondent — Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 14, 2005.

Attorney(s) appearing for the Case

ARGUED: Daniel Kanin Shatz, Durham, North Carolina, for Appellant. Steven Franklin Bryant, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

ON BRIEF: Jennifer Harjo, Smith, Smith & Harjo, Wilmington, North Carolina, for Appellant. Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellee.

Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge WIDENER joined. Judge MICHAEL wrote an opinion dissenting in part and concurring in part.

DIANA GRIBBON MOTZ, Circuit Judge.

John Wesley Jones appeals from the dismissal of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (2000). Although the district court denied Jones1 habeas relief, it granted a certificate of appealability...

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