UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7636
DWAYNE MITCHELL,
Petitioner - Appellant,
versus
BRIAN A. BLEDSOE, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
District Judge. (CA-01-112)
Submitted: January 31, 2002 Decided: February 8, 2002
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dwayne Mitchell, Appellant Pro Se. Rita R. Valdrini, Assistant
United States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dwayne Mitchell seeks to appeal from the district court’s
order construing his motion filed under 28 U.S.C.A. § 2241 (West
1994) as one pursuant to 28 U.S.C.A. § 2255 (West Supp. 2001) and
denying it. Although Mitchell’s § 2255 motion was successive, the
district court did not dismiss it on that basis. Because Mitchell
did not obtain authorization from this court to file his successive
§ 2255 motion in the district court, the district court lacked
authority to consider it. See 28 U.S.C.A. § 2244(b)(3) (West 1994
& Supp. 2001). Accordingly, we deny a certificate of appealability
and dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED
2