UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6703
DANARDIS MITCHELL,
Petitioner - Appellant,
versus
BEAUFORT COUNTY DETENTION CENTER; STATE OF
SOUTH CAROLINA, Director,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Joseph F. Anderson, Jr., Chief
District Judge. (6:07-cv-00382-JFA)
Submitted: September 13, 2007 Decided: September 18, 2007
Before GREGORY and DUNCAN, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Danardis Mitchell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Danardis Mitchell, a state pre-trial detainee, seeks to
appeal the district court’s order accepting the recommendation of
the magistrate judge and denying relief on his 28 U.S.C. § 2241
(2000) petition. The order is not appealable unless a circuit
justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2000). A certificate of appealability will not issue
absent “a substantial showing of the denial of a constitutional
right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this
standard by demonstrating that reasonable jurists would find that
any assessment of the constitutional claims by the district court
is debatable or wrong and that any dispositive procedural ruling by
the district court is likewise debatable. Miller-El v. Cockrell,
537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484
(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have
independently reviewed the record and conclude that Mitchell has
not made the requisite showing. Accordingly, we deny a certificate
of appealability and dismiss the appeal. 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
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