UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7170
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EDGAR NELSON PITTS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, District Judge.
(CR-94-68, CA-00-848)
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Dismissed by unpublished per curiam opinion.
Edgar Nelson Pitts, Appellant Pro Se. Thomas Jack Bondurant, Jr.,
Assistant United States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Edgar Nelson Pitts appeals the district court’s decision
construing his Fed. R. Civ. P. 60(b) motion for reconsideration of
the denial of his 28 U.S.C. § 2255 (2000) motion as a successive
§ 2255 motion and denying it for failure to receive proper
authorization from this court. On appeal, Pitts contends that his
motion should have been construed under Rule 60(b). In his motion,
Pitts alleged that the district court failed to consider the merits
of his claims raised in his original § 2255 motion.
Even assuming Pitts is correct that the district court
misconstrued his motion, we find that his Rule 60(b) motion is
without merit. The district court dismissed his first § 2255 motion
as untimely filed, and we upheld the dismissal on appeal. Pitts’
efforts to revive the merits of his claims in a Rule 60(b) motion
are unavailing, and he offers no argument rebutting the conclusion
that his § 2255 motion was untimely filed. 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 materials before the court and argument
would not aid the decisional process.
DISMISSED
2