Melvin Leroy Tyler v. Donald Wyrick, Warden

Petitioner, Melvin Tyler, was denied a writ of habeas corpus pursuant to 28 U.S.C. § 2254 by the District Court on December 3, 1975. Tyler thereafter filed a motion pursuant to Fed.R.Civ.P. 60(b) seeking to vacate the District Court’s order denying habeas corpus relief. The District Court denied the motion. This court previously granted Tyler a certificate of probable cause for appeal, Fed.R.App.P. 22(b), and the case is presently being considered in light of Tyler’s request that counsel be appointed on appeal. We conclude that Tyler is not entitled to appointment of counsel because his…