Titus Geer v. Tim Riley

Filing 920100305

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8142 TITUS C. GEER, a/k/a Titus Geer, Petitioner - Appellant, v. TIM RILEY, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Anderson. Cameron McGowan Currie, District Judge. (8:09-cv-01769-CMC) Submitted: February 25, 2010 Decided: March 5, 2010 Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Titus C. Geer, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Titus C. Geer, a state prisoner, 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 (2006) petition. * justice or judge The order is not appealable unless a circuit issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). not issue absent "a A certificate of appealability will showing of the denial (2006). of a A that the or substantial 28 constitutional prisoner reasonable right." this would by U.S.C. standard 2253(c)(2) by any satisfies jurists demonstrating assessment is of find the that constitutional claims district court debatable 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 Geer has not made the requisite showing. Accordingly, we deny a certificate We dispense with oral of appealability and dismiss the appeal. argument because the facts and legal contentions are adequately Although Geer filed his petition pursuant to 28 U.S.C. 2254 (2006), the district court properly construed it as one appropriately filed under 28 U.S.C. 2241 (2006). * 2 presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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