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Appeal Dismissal: Tyrone Wilson Case

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Tyrone Wilson's appeal of the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court concludes that Wilson has not made a substantial showing that he was denied a constitutional right and therefore denies his request for a certificate of appealability, dismissing his appeal.

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26 views2 pages

Appeal Dismissal: Tyrone Wilson Case

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Tyrone Wilson's appeal of the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court concludes that Wilson has not made a substantial showing that he was denied a constitutional right and therefore denies his request for a certificate of appealability, dismissing his appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 04-6965

TYRONE WILSON,
Petitioner - Appellant,
versus
STATE OF SOUTH CAROLINA; WARDEN ANTHONY, Lee
Correctional Institution; HENRY MCMASTER,
Attorney General of South Carolina,
Respondents - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(CA-03-3657-18AJ-2)

Submitted:

September 16, 2004

Decided:

September 23, 2004

Before LUTTIG, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tyrone Wilson, Appellant Pro Se. Melody Jane Brown, OFFICE OF THE
ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.


See Local Rule 36(c).

PER CURIAM:
Tyrone Wilson seeks to appeal the district courts order
denying relief on his petition filed under 28 U.S.C. 2254 (2000).
The order is not appealable unless a circuit justice or judge
issues a certificate of appealability.
(2000).

28 U.S.C. 2253(c)(1)

A certificate of appealability will not issue absent a

substantial showing of the denial of a constitutional right.


U.S.C. 2253(c)(2) (2000).
demonstrating
constitutional

that

A prisoner satisfies this standard by

reasonable

claims

are

28

jurists

debatable

would

and

that

find
any

that

his

dispositive

procedural rulings by the district court are also debatable or


wrong.

See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack

v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,
683 (4th Cir. 2001). We have independently reviewed the record and
conclude

that

Wilson

has

not

made

the

requisite

showing.

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 -

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