UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6751
SAMUEL DEWITT MCCOTTER,
Petitioner - Appellant,
versus
WILLIE SCOTT,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, Chief Dis-
trict Judge. (CA-98-76-5-BO)
Submitted: November 10, 1998 Decided: November 30, 1998
Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Samuel Dewitt McCotter, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Samuel Dewitt McCotter seeks to appeal the district court’s
order properly construing his motion as one filed under 28 U.S.C.A.
§ 2255 (West 1994 & Supp. 1998) and dismissing it. We have reviewed
the record and the district court’s opinion and find no reversible
error. McCotter also seeks review of the transfer of his motion
from the Northern District of Georgia to the Eastern District of
North Carolina. We are without jurisdiction to consider a transfer
order entered by a district court not within our territorial juris-
diction. See Linnell v. Sloan, 636 F.2d 65, 67 (4th Cir. 1980);
Preston Corp. v. Raese, 335 F.2d 827, 828 (4th Cir. 1964). Accord-
ingly, we deny a certificate of appealability and dismiss the
appeal on the reasoning of the district court. McCotter v. Scott,
No. CA-98-76-5-BO (E.D.N.C. May 8, 1998). 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
McCotter v. Scott
Combined Opinion