UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7180
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT PAUL TWEED,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L. Voorhees,
District Judge. (CR-94-11-V, CA-02-86-5-1-V)
Submitted: November 7, 2002 Decided: November 14, 2002
Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Robert Paul Tweed, Appellant Pro Se. Kenneth Davis Bell, OFFICE OF
THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Paul Tweed seeks to appeal the district court’s order
denying relief on his motion filed under Fed. R. Civ. P. 60(b) and
construed by the district court as a sucessive 28 U.S.C. § 2255
(2000). We have reviewed the record and conclude the district
court properly construed Tweed’s action, styled as an “Independent
Action,” as a successive § 2255 motion. For the reasons stated by
the district court, we conclude that Tweed has not made a
substantial showing of the denial of a constitutional right. See
United States v. Tweed, Nos. CR-94-11-V; CA-02-86-5-1-V (W.D.N.C.
July 31, 2002). Accordingly, we deny a certificate of appealability
and dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). 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
2