Marcus Hunter v. Harold Reep

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7078

MARCUS DEVAN HUNTER, Petitioner - Appellant,

v.

HAROLD REEP, Respondent - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, Chief District Judge. (1:23-cv-00209-MR)

Submitted: April 19, 2024 Decided: July 24, 2024

Before RUSHING and BENJAMIN, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Marcus Devan Hunter, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

Marcus Devan Hunter, a North Carolina prisoner, appeals the district court’s order dismissing without prejudice his 28 U.S.C. § 2241 petition for failure to assert cognizable habeas claims, and noting that claims would more properly be brought in an action under 42 U.S.C.§ 1983. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order. * Hunter v. Reep, No. 1:23-cv-00209-MR (W.D.N.C. Sept. 20, 2023). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

*

We deny as unnecessary Hunter’s motion for a certificate of appealability (“COA”)

because Hunter’s claims were not properly raised under § 2241. See Harbison v. Bell, 556 U.S. 180, 183 (2009) (ruling COA requirement only “governs final orders that dispose of the merits of a habeas corpus proceeding”).