UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7180

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROBERT PAUL TWEED,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (CR-94-11-V, CA-02-86-5-1-V)

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Dismissed by unpublished per curiam opinion.

Robert Paul Tweed, Appellant Pro Se. Kenneth Davis Bell, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Robert Paul Tweed seeks to appeal the district court’s order

denying relief on his motion filed under Fed. R. Civ. P. 60(b) and

construed by the district court as a sucessive

(2000). We have reviewed the record and conclude the district

court properly construed Tweed’s action, styled as an “Independent

Action,” as a successive § 2255 motion. For the reasons stated by

the district court, we conclude that Tweed has not made a

substantial showing of the denial of a constitutional right. See

United States v. Tweed, Nos. CR-94-11-V; CA-02-86-5-1-V (W.D.N.C.

July 31, 2002). Accordingly, we deny a certificate of appealability

and dismiss the appeal. See

(c) (2000). 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

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