Filed: Jun. 09, 2020
Latest Update: Jun. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7090 RANDALL S. TYLER, Petitioner - Appellant, v. WARDEN PERRY CORRECTIONAL INSTITUTION, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. Terry L. Wooten, Senior District Judge. (2:17-cv-00285-TLW) Submitted: May 28, 2020 Decided: June 9, 2020 Before MOTZ, AGEE, and QUATTLEBAUM, Circuit Judges. Dismissed by unpublished per curiam opinion. Jasmine Grace Ch
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7090 RANDALL S. TYLER, Petitioner - Appellant, v. WARDEN PERRY CORRECTIONAL INSTITUTION, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. Terry L. Wooten, Senior District Judge. (2:17-cv-00285-TLW) Submitted: May 28, 2020 Decided: June 9, 2020 Before MOTZ, AGEE, and QUATTLEBAUM, Circuit Judges. Dismissed by unpublished per curiam opinion. Jasmine Grace Cha..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-7090
RANDALL S. TYLER,
Petitioner - Appellant,
v.
WARDEN PERRY CORRECTIONAL INSTITUTION,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Charleston. Terry L. Wooten, Senior District Judge. (2:17-cv-00285-TLW)
Submitted: May 28, 2020 Decided: June 9, 2020
Before MOTZ, AGEE, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jasmine Grace Chalashtori, Adam H. Farra, GILBERT, LLP, Washington, D.C., for
Appellant. Melody Jane Brown, Senior Assistant Deputy Attorney General, OFFICE OF
THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Randall S. Tyler seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and denying relief on Tyler’s 28 U.S.C. § 2254
(2018) petition, and a subsequent order denying Tyler’s Fed. R. Civ. P. 59(e) motion. The
orders are not appealable unless a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1)(B) (2018). A certificate of appealability will not
issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C.
§ 2253(c)(2) (2018). When the district court denies relief on the merits, a prisoner satisfies
this standard by demonstrating that reasonable jurists could find that the district court’s
assessment of the constitutional claims is debatable or wrong. See Buck v. Davis, 137 S.
Ct. 759, 773-74 (2017). 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. Gonzalez v.
Thaler,
565 U.S. 134, 140-41 92012) (citing Slack v. McDaniel,
529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Tyler has not made
the requisite showing. Accordingly, although we grant Tyler’s motion to file a reply, we
deny Tyler’s motion for a certificate of appealability and dismiss this appeal. We dispense
with oral argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
DISMISSED
2