US v. John Tyer

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:10-cr-00238-F-3,5:13-cv-00449-F Copies to all parties and the district court/agency. [999611733]. Mailed to: John Tyer. [15-6526]

Appeal: 15-6526

Doc: 9

Filed: 06/30/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6526

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN TAYLOR TYER,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:10-cr-00238-F-3; 5:13-cv-00449-F)

Submitted:

June 25, 2015

Decided:

June 30, 2015

Before GREGORY, FLOYD, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Taylor Tyer, Appellant Pro Se.
Jennifer P. May-Parker,
Assistant United States Attorney, Jennifer E. Wells, OFFICE OF THE
UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6526

Doc: 9

Filed: 06/30/2015

Pg: 2 of 3

PER CURIAM:
John Taylor Tyer seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion.

The order

is not appealable unless a circuit justice or judge issues a
certificate of appealability.

28 U.S.C. § 2253(c)(1)(B) (2012).

A certificate of appealability will not issue absent “a substantial
showing of the denial of a constitutional right.”
§ 2253(c)(2) (2012).

28 U.S.C.

When the district court denies relief on the

merits, a prisoner satisfies this standard by demonstrating that
reasonable jurists would find that the district court’s assessment
of the constitutional claims is debatable or wrong.

Slack v.

McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537
U.S. 322, 336-38 (2003).

When the district court denies relief on

procedural grounds, the prisoner must demonstrate both that the
dispositive procedural ruling is debatable, and that the motion
states a debatable claim of the denial of a constitutional right.
Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Tyer has not made the requisite showing.

Accordingly, we deny a

certificate of appealability and dismiss the appeal.
with

oral

argument

because

2

the

facts

We dispense
and

legal

Appeal: 15-6526

Doc: 9

Filed: 06/30/2015

Pg: 3 of 3

contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
DISMISSED

3