Tyner v. Sizer

Fourth Circuit

Tyner v. Sizer

54 F. App'x 145

CourtCourt of Appeals for the Fourth Circuit

DecidedDecember 31, 2002

Docket02-7120

StatusUnpublished

Cited by1 cases

This text of 54 F. App'x 145 (Tyner v. Sizer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tyner v. Sizer, 54 F. App'x 145 (4th Cir. 2002).

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Opinion

PER CURIAM.

Donald J. Tyner seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000) . An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability -will not issue for claims addressed by a district court on the merits absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000); see Rose v. Lee, 252 F.3d 676, 683 (4th Cir.), cert. denied, 534 U.S. 941, 122 S.Ct. 318, 151 L.Ed.2d 237 (2001) . We have reviewed the record and conclude for the reasons stated by the district court that Tyner has not made the requisite showing. See Tyner v. Sizer, No. CA-00-1426-L (D. Md. June 28, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

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PER CURIAM.

Donald J. Tyner seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000) . An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability -will not issue for claims addressed by a district court on the merits absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000); see Rose v. Lee, 252 F.3d 676, 683 (4th Cir.), cert. denied, 534 U.S. 941, 122 S.Ct. 318, 151 L.Ed.2d 237 (2001) . We have reviewed the record and conclude for the reasons stated by the district court that Tyner has not made the requisite showing. See Tyner v. Sizer, No. CA-00-1426-L (D. Md. June 28, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

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Bluebook (online)

54 F. App'x 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyner-v-sizer-ca4-2002.

Opinion

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