United States v. Donald Wardrick

U.S. Court of Appeals for the Fourth Circuit

United States v. Donald Wardrick

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-7290

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DONALD WARDRICK,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Peter J. Messitte, Senior District Judge. (1:95-cr-00294-PJM-1)

Submitted: April 4, 2019 Decided: April 9, 2019

Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.

Affirmed as modified by unpublished per curiam opinion.

Donald Wardrick, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Donald Wardrick appeals the district court’s order denying relief on his motion for

clarification. We have reviewed the record and find no reversible error. Our review of

Wardrick’s motion for clarification reveals that it is more appropriately characterized as a

28 U.S.C. § 2255

(2012) motion. Because Wardrick has already filed at least one § 2255

motion that was addressed on the merits, he may not file another one without obtaining

leave from this court pursuant to

28 U.S.C. § 2244

(2012). Accordingly, we affirm the

district court’s denial of Wardrick’s motion and modify the judgment to reflect that the

denial is without prejudice to Wardrick’s right to file a § 2244 motion in this court for

leave to file a successive § 2255 motion. * 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 AS MODIFIED

* We express no opinion as to the merits of any such motion.

2

Reference

Status
Unpublished