UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7506
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANTHONY ANDREWS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (CR-01-27-F; CA-02-44-7-F)
Submitted: February 28, 2006 Decided: April 7, 2006
Before LUTTIG, KING, and DUNCAN, Circuit Judges.
Affirmed on modified grounds by unpublished per curiam opinion.
Anthony Andrews, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Andrews appeals the district court’s order
construing his motion to compel as a 28 U.S.C. § 2255 motion,
granting the Government’s motion to dismiss it as successive, and
denying his motion to recuse. We have reviewed the record and find
that Andrews’s motion should have been entertained as a motion to
compel, rather than as a § 2255 motion. However, because the
motion to compel was properly denied in any event, we find no
reversible error. Accordingly, we deny Andrews’s motions for
abeyance and to recuse and affirm the district court’s order on the
modified grounds that the motion to compel was properly denied.
See United States v. Andrews, Nos. CR-01-27-F; CA-02-44-7-F
(E.D.N.C. Aug. 1, 2005). 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.
AFFIRMED ON MODIFIED GROUNDS
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