USCA4 Appeal: 23-6357 Doc: 6 Filed: 02/29/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6357

WILLIAM HERBERT MCCLADDIE,

Petitioner - Appellant,

v.

WARDEN OF EVANS CORRECTIONAL INSTITUTION,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Richard Mark Gergel, District Judge. (6:22-cv-01192-RMG)

Submitted: February 27, 2024, Decided: February 29, 2024

Before WILKINSON, WYNN, and HARRIS, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

William Herbert McCladdie, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6357 Doc: 6 Filed: 02/29/2024 Pg: 2 of 2

PER CURIAM:

After the district court denied his

petition, William Herbert

McCladdie filed a Fed. R. Civ. P. 60(b) motion seeking reconsideration of his claims. The

district court construed this motion as an unauthorized, successive

petition and dismissed it for lack of jurisdiction. McCladdie then filed another motion

contesting his conviction. The district court construed this motion as seeking

reconsideration of the denial of his Rule 60(b) motion and denied it on the merits.

We have reviewed the record and conclude that McCladdie’s motion for

reconsideration of the dismissal of his Rule 60(b) motion for lack of jurisdiction is also an

unauthorized, successive § 2254 petition. See Bixby v. Stirling,

, 155

(4th Cir. 2024). As such, the district court lacked jurisdiction to consider this motion,

, and, pursuant to

(b), was required to dismiss it as an unauthorized,

successive § 2254 petition.

Because the district court denied, rather than dismissed the motion, we vacate the

district court’s order and remand to the district court with instructions to dismiss the motion

for lack of jurisdiction. 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.

VACATED AND REMANDED

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