Devaughn v. United States

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 5, 2004
• Docket: 19-405
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7391

MICHAEL O. DEVAUGHN, a/k/a Michael Owen Devaughn,

Petitioner - Appellant,

versus

UNITED STATES OF AMERICA,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Margaret B. Seymour, District Judge. (CA-01-4349-2-24)

Submitted: January 29, 2004 Decided: February 5, 2004

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael O. DeVaughn, Appellant Pro Se. Barbara Murcier Bowens, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Michael O. DeVaughn, a federal prisoner, appeals the

district court’s order denying his motion under Fed. R. Civ. P.

60(b) to amend the court’s earlier order denying relief on his

petition filed under 28 U.S.C. § 2241 (2000).* We have reviewed

the record and find that DeVaughn failed to establish grounds for

relief under Rule 60(b). Accordingly, we affirm and deny

DeVaughn’s motion to compel the Government to respond. We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED

* The district court’s order accepted the recommendation of the magistrate judge to deny the § 2241 petition.

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