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No. 15-6378
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, Senior
District Judge. (3:14-cv-00028-JRS-RCY)
Submitted:
Decided:
PER CURIAM:
John
courts
Woodward
order
Ickes,
accepting
Jr.,
the
seeks
to
appeal
recommendation
of
the
the
district
magistrate
to
exhaust
state
appealable
unless
certificate
of
(2012).
court
circuit
remedies.
justice
appealability.
See
28
The
or
order
judge
U.S.C.
is
issues
not
a
2253(c)(1)(A)
on
the
demonstrating
district
merits,
that
courts
debatable
or
prisoner
reasonable
assessment
wrong.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
standard
find
constitutional
529
U.S.
by
that
the
claims
is
473,
484
at 484-85.
We have independently reviewed the record and conclude that
Ickes
has
certificate
made
of
the
requisite
appealability.
showing
for
However,
issuance
an
of
alternative
order
while
the
2254
proceedings
certificate
order,
of
remand
appealability,
the
case
to
were
Accordingly, we
vacate
the
pending,
the
district
district
court,
and
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and