United States v. Tyrone Noble

U.S. Court of Appeals for the Fourth Circuit

United States v. Tyrone Noble

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6768

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TYRONE NOBLE,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:06-cr-00748-JFA-9)

Submitted: October 30, 2018 Decided: November 7, 2018

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Tyrone Noble, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Tyrone Noble appeals the district court’s order construing his Fed. R. Civ. P. 60(b)

motion as an unauthorized successive

28 U.S.C. § 2255

(2012) motion and dismissing for

lack of jurisdiction. We have reviewed the record and find no reversible error.

Accordingly, we deny a certificate of appealability (COA) as unnecessary and affirm.

See United States v. McRae,

793 F.3d 392, 400

(4th Cir. 2015) (“[W]e need not issue a

COA before determining whether the district court erred in dismissing [a] purported Rule

60(b) motion as an unauthorized successive habeas petition.”). We dispense with oral

argument because the facts and legal contentions are adequately presented in the

materials before this court and argument would not aid the decisional process.

AFFIRMED

2

Reference

Status
Unpublished