UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7206
MICHAEL O. DEVAUGHN,
Plaintiff - Appellant,
versus
DAN L. DOVE,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Joseph F. Anderson, Jr., Chief Dis-
trict Judge. (CA-00-3546-4-17BF)
Submitted: February 21, 2002 Decided: March 4, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 seeks to appeal the district court’s order
construing his petition filed under 28 U.S.C. § 2241 (1994), as a
motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001), and dis-
missing his action without prejudice. 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 the
appeal on the reasoning of the district court. DeVaughn v. Dove,
No. CA-00-3546-4-17BF (D.S.C. June 27, 2001). We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
2