UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7026
KENT N. SIMMONS,
Petitioner - Appellant,
versus
RON ANGELONE, Director, Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (CA-00-2066)
Submitted: August 10, 2001 Decided: September 5, 2001
Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kent N. Simmons, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kent N. Simmons appeals from the district court’s order deny-
ing his motion for reconsideration. We have reviewed the record
and the district court’s opinion and find no reversible error.
Accordingly, we deny a certificate of appealability and dismiss
substantially on the reasoning of the district court. Simmons v.
Angelone, No. CA-00-2066 (E.D. Va. June 5, 2001).* 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.
DISMISSED
*
The district court analyzed Simmons’ motion for recon-
sideration under Fed. R. Civ. P. Rule 60(b). Because the motion
was filed within ten days of the entry of judgment, it should have
been construed as a Rule 59(e) motion. Dove v. TEDESCO, 569 F.2d
807, 809 (4th Cir. 1978). Any error in the construction of Simmons’
motion was harmless, however; the district court’s thorough
analysis makes it evident that relief would have been unavailing
even had the motion been treated as arising under Rule 59(e).
2