Timothy Spires, Jr. v. Gregory Knowlin, No. 09-7377 (4th Cir. 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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7377 TIMOTHY JUDE SPIRES, JR., Petitioner - Appellant, v. GREGORY KNOWLIN, Warden, Respondent -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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 judge order and accepting dismissing without prejudice. justice or judge the his 28 issue absent constitutional prisoner issues a a right. jurists constitutional § certificate 2254 the magistrate (2006) petition 28 this would claims by of appealability. 28 A certificate of appealability will substantial satisfies reasonable U.S.C. of The order is not appealable unless a circuit U.S.C. § 2253(c)(1) (2006). not recommendation showing U.S.C. the the denial § 2253(c)(2) standard find of by that district (2006). demonstrating any assessment court is of a A that of the 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 certificate dispense of with requisite showing. appealability oral argument and Accordingly, dismiss because the the we deny appeal. facts and a We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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