Irving Twitty v. Raymond Reed

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

Case: 10-6490

Document: 8

Date Filed: 08/06/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6490 IRVING E. TWITTY, Petitioner - Appellant, v. MR.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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Date Filed: 08/06/2010

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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

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Date Filed: 08/06/2010

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contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

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