Marcus Devan Hunter v. Harold Reep

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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”).

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