Michael O. DeVaughn seeks to appeal the district court’s order construing his petition filed under 28 U.S.C. § 2241 (1994), as a motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001), and dismissing his action without prejudice. We have reviewed the record and the district court’s opinion and find no reversible error. Ac *175 cordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. DeVaughn v. Dove, No. CA-00-3546-4-17BF (D.S.C. June 27, 2001). 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.