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  • Rhyne v. Warden, 4th Cir. (2008)

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    Randy Rhyne appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The Fourth Circuit Court of Appeals independently reviewed the record and determined that Rhyne did not make the requisite substantial showing of the denial of a constitutional right to warrant a certificate of appealability. As a result, the Fourth Circuit dismissed Rhyne's appeal and also denied his motions for a transcript, appointment of counsel, and to appoint an investigator.

    Original Description:

    Filed: 2008-11-17 Precedential Status: Non-Precedential Docket: 08-6876

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    Randy Rhyne appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The Fourth Circuit Court of Appeals independently reviewed the record and determined that Rhyne did not make the requisite substantial showing of the denial of a constitutional right to warrant a certificate of appealability. As a result, the Fourth Circuit dismissed Rhyne's appeal and also denied his motions for a transcript, appointment of counsel, and to appoint an investigator.

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    Rhyne v. Warden, 4th Cir. (2008)

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    Randy Rhyne appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The Fourth Circuit Court of Appeals independently reviewed the record and determined that Rhyne did not make the requisite substantial showing of the denial of a constitutional right to warrant a certificate of appealability. As a result, the Fourth Circuit dismissed Rhyne's appeal and also denied his motions for a transcript, appointment of counsel, and to appoint an investigator.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6876

    RANDY RHYNE,
    Petitioner - Appellant,
    v.
    WARDEN, TYGER RIVER CORRECTIONAL INSTITUTION,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Henry M. Herlong, Jr., District
    Judge. (4:07-cv-03147-HMH)

    Submitted:

    October 29, 2008

    Decided:

    November 17, 2008

    Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Randy Rhyne, Appellant Pro Se. Melody Jane Brown, Assistant


    Attorney General, Donald John Zelenka, Deputy Assistant Attorney
    General, Columbia, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Randy Rhyne seeks to appeal the district courts order
    accepting the recommendation of the magistrate judge and denying
    relief on his 28 U.S.C. 2254 (2000) petition.
    not

    appealable

    unless

    circuit

    certificate of appealability.
    certificate

    of

    issues

    28 U.S.C. 2253(c)(1) (2000).

    appealability

    justice

    will

    not

    or

    The order is

    judge

    issue

    absent

    substantial showing of the denial of a constitutional right.


    28

    U.S.C.

    standard

    2253(c)(2)

    by

    (2000).

    demonstrating

    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this
    find

    that any assessment of the constitutional claims by the district


    court is debatable or wrong and that any dispositive procedural
    ruling

    by

    the

    district

    court

    is

    likewise

    debatable.

    Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v.


    McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,
    683-84

    (4th

    record

    and

    showing.

    Cir.

    2001).

    conclude

    that

    We

    have

    Rhyne

    independently

    has

    not

    made

    reviewed
    the

    the

    requisite

    Accordingly, we deny a certificate of appealability

    and dismiss the appeal.


    transcript,
    investigator.

    for

    We also deny Rhynes motions for a

    appointment

    of

    counsel,

    and

    to

    appoint

    an

    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

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