Devaughn v. Ray

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6083 MICHAEL O. DEVAUGHN, Petitioner - Appellant, versus MICKEY E. RAY, Warden of FCI Edgefield; UNITED STATES OF AMERICA, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Joseph F. Anderson, Jr., District Judge. (CA-99-3405-4-17BF) Submitted: April 13, 2000 Decided: April 25, 2000 Before WIDENER and WILKINS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Michael O. DeVaughn, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Michael O. DeVaughn appeals the district court’s orders deny- ing relief on his 28 U.S.C. § 2241 (1994) petition and denying his motions filed pursuant to Fed. R. Civ. P. 59(e) and 60(b). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Because we find that the magistrate judge properly recom- mended that DeVaughn’s claims were more appropriately brought under 28 U.S.C.A. § 2255 (West Supp. 1999), and that any such motion would be successive, we affirm substantially on the reasoning of the district court. See DeVaughn v. Ray, No. CA-99-3405-4-17BF (D.S.C. Nov. 15, Dec. 3, & Dec. 30, 1999). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2