United States v. White
Opinion of the Court
Unpublished opinions are not binding precedent in this circuit.
William A. White seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2012) motion and denying reconsideration.
We have independently reviewed the record and conclude that White has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny White’s motion to correct the. docketing of the appeal, and dismiss the appeal. 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.
DISMISSED
Although the district court should have construed White’s motion as a motion pursuant to Fed. R. Civ. P. 59(e) rather than Fed. R. Civ. P. 60(b), and denied it rather than dismissed it, see MLC Auto., LLC v. Town of S. Pines, 532 F.3d 269, 276 (4th Cir. 2008), as we conclude that White’s motion was nonetheless without merit, we also conclude that White is not entitled to. a certificate of appeal-ability regarding the denial of his motion for reconsideration.
Reference
- Full Case Name
- United States v. William A. WHITE
- Status
- Published