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1) Theodore Morris Foust sought to appeal a district court order denying his petition for habeas corpus relief under 28 U.S.C. § 2254. 2) A certificate of appealability is required to appeal the denial of habeas relief, which will not issue unless there is a substantial showing of the denial of a constitutional right. 3) The appeals court independently reviewed the record and determined that Foust did not make the requisite showing. The court therefore denied Foust

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