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


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  •                             UNPUBLISHED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-00-
    1426-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    Dismissed by unpublished per curiam opinion.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    Unpublished opinions are not binding precedent in this circuit.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 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, 
    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.       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
    2
    

Document Info

Docket Number: 02-7120

Citation Numbers: 54 F. App'x 145

Judges: Hamilton, King, Per Curiam, Wilkins

Filed Date: 12/31/2002

Precedential Status: Non-Precedential

Modified Date: 8/6/2023