Michael Grafmuller v. Joseph Wegner

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-7268

MICHAEL P. GRAFMULLER,

Petitioner - Appellant,

v.

JOSEPH WEGNER, Director, Air Force Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:13-cv-00050-RAJ-DEM)

Submitted: January 14, 2016 Decided: January 20, 2016

Before AGEE, WYNN, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael P. Grafmuller, Appellant Pro Se. Joel Eric Wilson, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Michael P. Grafmuller appeals the district court’s orders

denying his Fed. R. Civ. P. 60(b)(4) motion to vacate his prior

criminal convictions by a general court martial and denying his

Fed. R. Civ. P. 59(e) motion to reconsider. The Federal Rules

of Civil Procedure do not provide a vehicle by which Grafmuller

may challenge his criminal judgment. See Fed. R. Civ. P. 1, 81;

United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998)

(per curiam) (“Rule 60(b) simply does not provide relief from

judgment in a criminal case.”). We therefore affirm the

district court’s orders. 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