USCA4 Appeal: 22-6600 Doc: 8 Filed: 10/21/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6600

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JERVONTEZ LAVASSIOR LEAK, a/k/a G,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:16-cr-00232-MOC-DSC-2; 3:18-cv- 00629-MOC)

Submitted: October 18, 2022 Decided: October 21, 2022

Before WYNN and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jervontez Lavassior Leak, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6600 Doc: 8 Filed: 10/21/2022 Pg: 2 of 2

PER CURIAM:

Jervontez Lavassior Leak appeals the district court’s order construing his Fed. R.

Civ. P. 60(b) motion for relief from judgment as an unauthorized, successive

motion and dismissing it on that basis. * Our review of the record confirms that the

district court properly construed Leak’s Rule 60(b) motion as a successive § 2255 motion

over which it lacked jurisdiction because he failed to obtain prefiling authorization from

this court. See

(b)(3)(A), 2255(h); McRae, 793 F.3d at 397-400.

Accordingly, we affirm the district court’s order.

Consistent with our decision in United States v. Winestock,

(4th

Cir. 2003), we construe Leak’s notice of appeal and informal brief as an application to file

a second or successive § 2255 motion. Upon review, we conclude that Leak’s claims do

not meet the relevant standard. See

(h). We therefore deny authorization

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

* A certificate of appealability is not required to appeal the district court’s jurisdictional categorization of a Rule 60(b) motion as an unauthorized, successive § 2255 motion. United States v. McRae,

(4th Cir. 2015).

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