Irving Twitty v. Raymond Reed

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:09-cv-00796-DCN Copies to all parties and the district court/agency. [998396930] [10-6490]

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Case: 10-6490 Document: 8 Date Filed: 08/06/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6490 IRVING E. TWITTY, Petitioner - Appellant, v. MR. WARDEN RAYMOND REED, Manning Correction Institution SC; SC DEPARTMENT OF CORRECTION STATE CLASSIFICATION DEPARTMENT, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. David C. Norton, Chief District Judge. (0:09-cv-00796-DCN) Submitted: July 27, 2010 Decided: August 6, 2010 Before TRAXLER, Chief Judge, and WILKINSON and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Irving E. Twitty, Appellant Pro Se. Heath McAlvin Stewart, III, RILEY, POPE & LANEY, LLC, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. Case: 10-6490 Document: 8 Date Filed: 08/06/2010 Page: 2 PER CURIAM: Irving E. Twitty, a state prisoner, seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C.A. 2241 (West 2006 & Supp. 2010) petition. unless a circuit justice or The order is not appealable issues a certificate of judge appealability. 28 U.S.C. 2253(c)(1) (2006). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." (2006). prisoner reasonable 28 U.S.C. 2253(c)(2) When the district court denies relief on the merits, a satisfies jurists this would standard find that by the demonstrating district that 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). denies relief both on procedural the When the district court the prisoner ruling must is grounds, demonstrate that dispositive procedural debatable, and that the petition states a debatable claim of the denial of a constitutional right. We have independently reviewed the Slack, 529 U.S. at 484-85. record and conclude that Twitty has not made the requisite showing. a certificate with of appealability argument and Accordingly, we deny the appeal. and We legal dismiss the dispense oral because facts 2 Case: 10-6490 Document: 8 Date Filed: 08/06/2010 Page: 3 contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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