Slappy v. Bazzle

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 4, 2006
• Docket: 05-7901
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7901

ISAAC EUGENE SLAPPY,

Petitioner - Appellant,

versus

RICHARD E. BAZZLE, Warden, Perry Correctional Institution,

Respondent - Appellee,

and

A. L. BOWERS, Corporal; ROBERT MURRAY, Captain,

Respondents.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. David C. Norton, District Judge. (CA-05-14-0-DCN)

Submitted: April 27, 2006 Decided: May 4, 2006

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

Dismissed by unpublished per curiam opinion. Isaac Eugene Slappy, Appellant Pro Se. Robert E. Peterson, SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

- 2 - PER CURIAM:

Isaac Eugene Slappy, a state prisoner, seeks to appeal

the district court’s order accepting the recommendation of the

magistrate judge and denying relief on his petition filed under 28

U.S.C. § 2241 (2000). We have reviewed the record and conclude on

the reasoning of the district court that Slappy has not made a

substantial showing of the denial of a constitutional right. See

Slappy v. Bazzle, No. CA-05-14-0-DCN (D.S.C. Nov. 22, 2005).

Accordingly, we deny a certificate of appealability and dismiss the

appeal. See 28 U.S.C. § 2253(c) (2000). 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

- 3 -