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TELEGUZ v. PEARSON

No. 11-9.

689 F.3d 322 (2012)

Ivan TELEGUZ, Petitioner-Appellant, v. Eddie L. PEARSON, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 2, 2012.

Attorney(s) appearing for the Case

ARGUED: Matthew Carey Stiegler , Philadelphia, Pennsylvania, for Appellant. Katherine Baldwin Burnett , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Elizabeth J. Peiffer , Virginia Capital Representation Resource Center, Charlottesville, Virginia, for Appellant. Kenneth T. Cuccinelli, II , Attorney General of Virginia, Richmond, Virginia, for Appellee.

Vacated in part and remanded by published opinion. Judge WYNN wrote the opinion, in which Judge MOTZ and Judge DAVIS concurred.

OPINION

WYNN, Circuit Judge:

Ivan Teleguz, convicted of capital murder and sentenced to death in Virginia, appeals from the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus relief. We granted a certificate of appealability to determine whether the district court abused its discretion in denying Teleguz's request for an evidentiary hearing to develop his claim of actual innocence, which, under Schlup v. Delo,

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