Marlin Davis v. Warden, No. 08-7683 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7683 MARLIN DAVIS, Petitioner - Appellant, v. WARDEN, Federal Correctional Institution at Estill, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Henry F. Floyd, District Judge. (3:07-cv-00606-HFF) Submitted: June 30, 2009 Decided: July 21, 2009 Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Marlin Davis, Appellant Pro Se. Barbara Murcier Bowens, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Marlin Davis, a federal prisoner, appeals the district court s judge order and accepting denying petition. Davis summarily denying the relief also his recommendation on his appeals Fed. the R. § district Civ. reviewed U.S.C. the P. the magistrate 2241 (2006) court s 59(e) record order motion and find for reconsideration. We reversible error. Accordingly, we affirm for the reasons stated by the district court. have 28 of no See Davis v. Warden, No. 3:07-cv-00606- HFF (D.S.C. filed Feb. 12, 2008 & entered Feb. 13, 2008; July 31, 2008). legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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