Peracciny v. Stansberry

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7435 RAYMOND PERACCINY, Petitioner - Appellant, versus PATRICIA R. STANSBERRY, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-05-37-5) Submitted: April 17, 2006 Decided: May 16, 2006 Before LUTTIG,1 MICHAEL, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Raymond Peracciny, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 1 Judge Luttig was a member of the original panel but did not participate in this decision. This opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d). PER CURIAM: Raymond Peracciny, a federal prisoner, seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2241 (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court.2 See Peracciny v. Stansberry, No. CA-05-37-5 (E.D.N.C. June 1, 2005). 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 2 We decline to address Peracciny’s challenge to the constitutionality of the Bureau of Prisons’ organ transplant policy, which was not squarely raised in the district court and, in any event, is not cognizable under § 2241. - 2 -