Spires. v. Knowlin , 355 F. App'x 680 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7377
    TIMOTHY JUDE SPIRES, JR.,
    Petitioner - Appellant,
    v.
    GREGORY KNOWLIN, Warden,
    Respondent - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort.   Cameron McGowan Currie, District
    Judge. (9:09-cv-01531-CMC)
    Submitted:    November 19, 2009             Decided:   December 3, 2009
    Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Timothy Jude Spires, Jr., Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Timothy Jude Spires, Jr., seeks to appeal the district
    court’s    order       accepting      the       recommendation             of    the    magistrate
    judge    and    dismissing       his       
    28 U.S.C. § 2254
              (2006)       petition
    without prejudice.          The order is not appealable unless a circuit
    justice    or    judge    issues       a    certificate          of    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.”         
    28 U.S.C. § 2253
    (c)(2)           (2006).             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 Spires 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
    2
    

Document Info

Docket Number: 09-7377

Citation Numbers: 355 F. App'x 680

Judges: Motz, Gregory, Shedd

Filed Date: 12/3/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024