UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7428
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANTHONY THEODORE FONVILLE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Wilmington. James C. Fox, District
Judge. (CR-92-7, CA-97-79-7-F)
Submitted: December 29, 1998 Decided: March 4, 1999
Before WIDENER and WILLIAMS, Circuit Judges, and HALL, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Anthony Theodore Fonville, 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Unpublished opinions are not binding precedent in this circuit.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 Fonville seeks to appeal the district court’s order
denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 &
Supp. 1998), without prejudice, to apply to this Court for autho-
rization to file a successive § 2255 motion under 28 U.S.C.A. §
2244 (West 1994 & Supp. 1998). This court denied Fonville’s motion
for authorization to file a successive § 2255 motion. In re
Fonville, No. 98-679 (4th Cir. Dec. 11, 1998). Because Appellant
did not receive authorization under § 2244, he is unable to file a
successive § 2255 motion in the district court. Accordingly, we
deny a certificate of appealability and dismiss the appeal. We
deny Fonville’s motion for appointment of counsel. We deny
Fonville’s motion for oral argument because the facts and legal
contentions are adequately set forth in the materials before the
court and argument would not aid the decisional process.
DISMISSED
2