McCarthy v. Pettiford

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6439

AEDAN MCCARTHY,

Petitioner - Appellant,

v.

M. PETTIFORD, Warden, FCI Bennettsville,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Margaret B. Seymour, District Judge. (8:07-cv-00243-MBS)

Submitted: September 11, 2008 Decided: September 16, 2008

Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Aedan McCarthy, Appellant Pro Se. Beth Drake, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Aedan McCarthy, a federal prisoner, appeals the district

court’s order accepting the recommendation of the magistrate judge

and denying relief on his 28 U.S.C. § 2241 (2000) petition. We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. McCarthy v. Pettiford, No. 8:07-cv-00243-MBS (D.S.C. Mar.

4, 2008). We deny McCarthy’s motion to place his appeal in

abeyance pending completion of his transfer to another facility.

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.

AFFIRMED