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    Tyner v. Sizer, 4th Cir. (2002)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Donald J. Tyner of the district court's denial of his habeas corpus petition. The appeals court dismissed the appeal, finding that Tyner did not make the requisite substantial showing of the denial of a constitutional right needed for a certificate of appealability. The court reviewed the record and agreed with the district court's reasoning for denying the petition.

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    Tyner v. Sizer, 4th Cir. (2002)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Donald J. Tyner of the district court's denial of his habeas corpus petition. The appeals court dismissed the appeal, finding that Tyner did not make the requisite substantial showing of the denial of a constitutional right needed for a certificate of appealability. The court reviewed the record and agreed with the district court's reasoning for denying the petition.

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    Filed: 2002-12-31 Precedential Status: Non-Precedential Docket: 02-7120

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Donald J. Tyner of the district court's denial of his habeas corpus petition. The appeals court dismissed the appeal, finding that Tyner did not make the requisite substantial showing of the denial of a constitutional right needed for a certificate of appealability. The court reviewed the record and agreed with the district court's reasoning for denying the petition.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    31 views2 pages

    Tyner v. Sizer, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Donald J. Tyner of the district court's denial of his habeas corpus petition. The appeals court dismissed the appeal, finding that Tyner did not make the requisite substantial showing of the denial of a constitutional right needed for a certificate of appealability. The court reviewed the record and agreed with the district court's reasoning for denying the petition.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7120

    DONALD J. TYNER,
    Petitioner - Appellant,
    versus
    FRANK C. SIZER, JR., Warden; ATTORNEY GENERAL
    FOR THE STATE OF MARYLAND,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-001426-L)

    Submitted:

    December 19, 2002

    Decided:

    December 31, 2002

    Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Donald J. Tyner, Appellant Pro Se.


    John Joseph Curran, Jr.,
    Attorney General, Mary Ann Rapp Ince, OFFICE OF THE ATTORNEY
    GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Donald J. Tyner seeks to appeal the district courts 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, 122 S. Ct. 318
    (2001).

    We have reviewed the record and conclude for the reasons

    stated by the district court that Tyner has not made the requisite
    showing.
    2002).

    See Tyner v. Sizer, No. CA-00-1426-L (D. Md. June 28,


    Accordingly, we deny a certificate of appealability and

    dismiss the appeal.


    facts

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    We dispense with oral argument because the

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    the

    court

    are

    adequately

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    argument

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    would

    not

    in

    the

    aid

    the

    decisional process.

    DISMISSED

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